Lewis v. Julius
District Court, S.D. New York
Action by Augustus Lewis, as trustee in bankruptcy of the firm of Julius Bros., against George Julius and others, to set aside a fraudulent transfer, and to recover the proceeds of a fire policy on goods alleged to belong to the bankrupts. In May, 1910, George and Simon Julius, trading as Julius Bros., were insolvent and knew it.
Read the full summary
Action by Augustus Lewis, as trustee in bankruptcy of the firm of Julius Bros., against George Julius and others, to set aside a fraudulent transfer, and to recover the proceeds of a fire policy on goods alleged to belong to the bankrupts. In May, 1910, George and Simon Julius, trading as Julius Bros., were insolvent and knew it. They communicated their misfortune to some of their creditors and were advised to lay their trouble before a member of the bar, who was the attorney for'the recommending creditor. This was done, and a creditors’ meeting called. At the meeting a committee was…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). [1] That what was done by Julius Bros, amounted to a conveyance with intent to hinder, delay, or defraud their creditors or some of them has been decided in this court on the discharge proceedings. This equity case grows out of the bankruptcy, and it would be entirely improper for me not to recognize the decision on discharge as the law of this case, nor am I inclined so to do-.
[2] Under section 14 of the Bankruptcy Act (relating to discharge), it is, however, possible that a discharge m'ay be denied, yet that which' was conveyed in fraud cannot be…
2Cases cited3 opinions
- Nippes's AppealSupreme Court of Pennsylvania · 1874
- Forrester v. GillColorado Court of Appeals · 1898
- Standard National Bank v. Garfield National BankAppellate Division of the Supreme Court of the State of New York · 1902