Legal Opinion

Davis v. Willey

District Court, N.D. California

Decided February 3, 1920No. 16147PublishedCited by 21 opinions

At Law. Action by John C. Davis, trustee in bankruptcy by Charles F. Willey, against F. T. Willey.

1Opinion of the Court

VAN FLEET, District Judge.

[1] This is an action at law by a trustee in bankruptcy to recover a certain fund alleged to have been transferred by the bankrupt to his brother in fraud of the rights of his creditors. It is admittedly prosecuted under the authority of section 70e of the Bankruptcy Act (Comp. St. § 9654), which provides that—

“Tlie trustee may avoid any transfer by the bankrupt of Ms property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred,” etc.

It is well established that…

2Cases cited10 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Burke v. MaguireCalifornia Supreme Court · 1908
  3. Truett v. OnderdonkCalifornia Supreme Court · 1898
  4. In re MullenDistrict Court, D. Massachusetts · 1900
  5. Bills v. Silver King Mining Co.California Supreme Court · 1895

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3Cited by21 opinions

  1. United States v. MillerSupreme Court of the United States · 2025
  2. G-I Holdings, Inc. v. Those Parties Listed on Exhibit a (In Re G-I Holdings, Inc.)United States Bankruptcy Court, D. New Jersey · 2004
  3. Zazzali v. United States (In Re DBSI, Inc.)Court of Appeals for the Ninth Circuit · 2017
  4. Dahar v. Jackson (In Re Jackson)United States Bankruptcy Court, D. New Hampshire · 2004
  5. Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965

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