Barnes v. Rettew
United States Circuit Court
In equity under the auxiliary jurisdiction conferred by the bankrupt law. The bill, at the suit of the assignee in bankruptcy, of partners who had, within six months before the commencement of the proceedings, made a voluntary assignment to the defendant of all their estate in trust for the equal benefit of all their creditors, prayed an injunction, &c., and a final decree setting aside the assignment.
Read the full summary
In equity under the auxiliary jurisdiction conferred by the bankrupt law. The bill, at the suit of the assignee in bankruptcy, of partners who had, within six months before the commencement of the proceedings, made a voluntary assignment to the defendant of all their estate in trust for the equal benefit of all their creditors, prayed an injunction, &c., and a final decree setting aside the assignment. On a motion for an injunction, &c., before answer, the case was heard inter-locutorily, upon affidavits, before the district judge holding the circuit court. It was contended, first, that the…
1Opinion of the Court
McICENNAN, Circuit Judge.
The question is not new to me on the general grounds upon which it has been argued. There may i also be special considerations applicable to it j in Pennsylvania. Does not the legislation of : the state, as to such assignments, tend neces- i sarily to delay the creditors of a bankrupt, I and to defeat or delay the operation of the ¡ act of congress? And must not the debtor who makes the assignment be legally understood as intending what is thus a necessary tendency of his act? We are desirous to hear whatever can be suggested for the defendant as to the effect of the…
2Cases cited1 opinion
- Hawkins's Appeal from ProbateSupreme Court of Connecticut · 1868
3Cited by7 opinions
- Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899
- In re GutwilligCourt of Appeals for the Second Circuit · 1899
- In re GutwilligDistrict Court, S.D. New York · 1898
- In re Salmon & SalmonDistrict Court, W.D. Missouri · 1906
- Feder v. GoetzCourt of Appeals for the Second Circuit · 1920
2 more not listed; retrieve them via the Exa API.