Cady v. Whaling
U.S. Circuit Court for the District of Eastern Wisconsin
This was a bill in equity, to part of which each of the defendants demurred. The bill W'as filed by [Augustus F. Cady] the assignee in bankruptcy of the estate of Charles L. Peirce and James M. Whaling, bankrupts, and charged in brief that in November, 1867, the bankrupts commenced business in Milwaukee, as partners under the firm name of Peirce & Whaling, with a nominal capital of $5,000. That at the time of commencing business, neither of the partners had any other…
Read the full summary
This was a bill in equity, to part of which each of the defendants demurred. The bill W'as filed by [Augustus F. Cady] the assignee in bankruptcy of the estate of Charles L. Peirce and James M. Whaling, bankrupts, and charged in brief that in November, 1867, the bankrupts commenced business in Milwaukee, as partners under the firm name of Peirce & Whaling, with a nominal capital of $5,000. That at the time of commencing business, neither of the partners had any other property, exclusive of what was put into the business, except such as was by law exempt from seizure for debts. That…
1Opinion of the Court
DYER, District Judge.
It is alleged in support of the demurrer: First, that an as-signee in bankruptcy cannot maintain an action to set aside or avoid a transfer of property made by the bankrupt prior to the time limited by the bankrupt law itself; in other words, that to enable an assignee to avoid a transfer or conveyance of property made by the bankrupt in fraud of creditors, it must be alleged and shown, that such transfer or conveyance was made within the period prescribed by section 5129, Rev. St; and thát if such transfer or conveyance is made more than six months beforé the filing of…
2Cited by2 opinions
- Beasley v. CogginsSupreme Court of Florida · 1904
- Sill v. SolbergU.S. Circuit Court for the District of Western Wisconsin · 1881