Bryan v. Bernheimer
Supreme Court of the United States
CERTIORARI TO THE CIRCÜIT CÓURT OE APPEARS FOR THE FIFTH CIRCUIT. This was a summary petition to tbe District Court of the United States for the Middle-District of Alabama, sitting in bankruptcy, for an order to Bryan, the marshal of the District, to take immediate possession of property of David Abraham, a bankrupt, in the hands of Louis BernheimeY The material facts, as appearing by the record, were as 'follows: On October 29, 1898, Abraham made a general assignment of all…
Read the full summary
CERTIORARI TO THE CIRCÜIT CÓURT OE APPEARS FOR THE FIFTH CIRCUIT. This was a summary petition to tbe District Court of the United States for the Middle-District of Alabama, sitting in bankruptcy, for an order to Bryan, the marshal of the District, to take immediate possession of property of David Abraham, a bankrupt, in the hands of Louis BernheimeY The material facts, as appearing by the record, were as 'follows: On October 29, 1898, Abraham made a general assignment of all his property, consisting of his stock of goods and book accounts, in a storehouse numbered 106 Dexter Avenue in…
1Opinion of the Court
Me. Jdstioe Geay,
after stating the case as above, delivered the opinion of the court.
The general assignment, made by Abraham, to Davidson, did not constitute Davidson an assignee for value, but simply made him an agent of Abraham for the distribution 'of the proceeds of the property among Abraham’s creditors. This general assignment was of itself an act of bankruptcy, without regard to the question whether Abraham was insolvent. Bankrupt Act of July .1, 1898, c. 541, § 3; West Co. v. Lea, 174 U. S. 590.
Nine days after this assignment, certain creditors of Abraham filed a petition in the…
2Cases cited7 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- West Co. v. LeaSupreme Court of the United States · 1899
- Feibelman v. PackardSupreme Court of the United States · 1883
- Hicks v. KnostSupreme Court of the United States · 1900
- Sharpe v. DoyleSupreme Court of the United States · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by192 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- Board of Trade of Chicago v. JohnsonSupreme Court of the United States · 1924
- Randolph v. ScruggsSupreme Court of the United States · 1903
- May v. HendersonSupreme Court of the United States · 1925
187 more not listed; retrieve them via the Exa API.