Merillat v. Hensey
Supreme Court of the United States
APPEAL PROM THE COURT OP APPEALS OF THE DISTRICT OP COLUMBIA. The facts are stated in the opinion. While the Federal rüle and those of many States permit a debtor honestly to prefer a special creditor, aside from the effect of recent statutory enactments, the Federal rule is equally well settled that a secret reservation of a benefit to a known failing debtor is fraudulent per se and vitiates the preference.
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APPEAL PROM THE COURT OP APPEALS OF THE DISTRICT OP COLUMBIA. The facts are stated in the opinion. While the Federal rüle and those of many States permit a debtor honestly to prefer a special creditor, aside from the effect of recent statutory enactments, the Federal rule is equally well settled that a secret reservation of a benefit to a known failing debtor is fraudulent per se and vitiates the preference. Lukins v. Aird, 6 Wall. 79; Means v. Dowd, 128 U. S. 282; Dent v. Ferguson, 132 U. S. 67; Huntley v. Kingman, 152 U. S. 527; Crawford v. Neal, 144 U. S. 585; Bamberger v. Schoolfield, 160…
1Opinion of the Court
Mr. Justice Lurtón
delivered the opinion of the court..
This is a bill filed by a creditor of the defendant Hensey attacking as fraudulent an assignment by him of a certain cause of action against the defendant, the Mercantile Trust Company. The bill upon final hearing was dismissed by the trial court, and this judgment was affirmed in the Court of Appeals of the District of Columbia. From that decree an appeal has been perfected to this court.
The thing assigned was a claim for damage under an indemnity bond made by the Mercantile Trust Company upon which an action was at the time pending. The…
2Cases cited5 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Edgell v. . HartNew York Court of Appeals · 1853
- Leitch v. . HollisterNew York Court of Appeals · 1850
- Huntley v. KingmanSupreme Court of the United States · 1894
- Barney v. . GriffinNew York Court of Appeals · 1849
3Cited by8 opinions
- Greey v. DockendorffSupreme Court of the United States · 1913
- Leventhal v. SpillmanDistrict Court, E.D. New York · 1964
- Weil v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1937
- Hannan v. HardeeCourt of Appeals for the D.C. Circuit · 1934
- Harris v. Huffco Petroleum Corp.District Court, S.D. Alabama · 1986
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