Legal Opinion

In re Richard

District Court, E.D. North Carolina

Decided May 23, 1899PublishedCited by 15 opinions

In Bankruptcy. On review of rulings of referee in bankruptcy. The referee in bankruptcy found as follows: (1) That on the 12th of December, 1898, the said Gerson Richard was insolvent; his property not being sufficient in value to pay one-half of his indebtedness.

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In Bankruptcy. On review of rulings of referee in bankruptcy. The referee in bankruptcy found as follows: (1) That on the 12th of December, 1898, the said Gerson Richard was insolvent; his property not being sufficient in value to pay one-half of his indebtedness. That he was for some time before that date constantly pressed for money, his obligations in many instances either protested or returned by the bank, and many claims- against him having been in the hands of local attorneys. That he was frequently attempting to borrow money. That on the said 12th of December, 1898, ten summonses were…

1Opinion of the CourtPuenell, District Judge

(after stating the facts). The bankrupt law should be, and is, eminently fair and just to all parlies. That there is opposition to its operation is to be expected, until creditors cease to demand their full dues, — a “pound of flesh when it is so nominated in the bond,” — and to gain advantage over other creditors who, from improvident credits, are similarly situated. The purpose of the law is, further, to establish throughout the United States a uniform system, to supersede diverse state insolvent or assignment laws. It is enacted in accordance with an express constitutional authority, and…

2Cases cited5 opinions

  1. In re SmithDistrict Court, D. Indiana · 1899
  2. Albright v. . AlbrightSupreme Court of North Carolina · 1883
  3. In re StevensonDistrict Court, E.D. North Carolina · 1899
  4. State Ex Rel. McD. Pate & Co. v. HarperSupreme Court of North Carolina · 1886
  5. Cowan v. . PhillipsSupreme Court of North Carolina · 1898

3Cited by15 opinions

  1. In re Ansley Bros.District Court, E.D. North Carolina · 1907
  2. In re DuguidDistrict Court, E.D. North Carolina · 1900
  3. In re HaskinDistrict Court, E.D. Pennsylvania · 1901
  4. Chicago, R. I. & P. Ry. Co. v. HollidaySupreme Court of Oklahoma · 1915
  5. In re Stradley & Co.District Court, N.D. Alabama · 1911

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