Sawyer v. Turpin
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Massachusetts. On the fifteenth day of May, 1869, J. C. Bacheller, in order to secure a debt due by him to Novelli & Co., executed a bill of sale conveying his chattel interest in certain property to Turpin, one of the defendants below. This conveyance was not recorded, nor was possession had thereunder.
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Appeal from the Circuit Court of the United States for the District of Massachusetts. On the fifteenth day of May, 1869, J. C. Bacheller, in order to secure a debt due by him to Novelli & Co., executed a bill of sale conveying his chattel interest in certain property to Turpin, one of the defendants below. This conveyance was not recorded, nor was possession had thereunder. On the 31st of July, 1869, Turpin having surrendered the bill of sale, Bacheller, in exchange therefor, executed to him a mortgage upon the same property. This mortgage was recorded on the 17th of the following September.…
1Opinion of the CourtJustice Strong
The only question presented by this appeal is, whether the ■mortgage given by the bankrupt on the thirty-first day of July, 1869, to Edward Turpin, the agent of Novelli ■& Co., was a fraudulent preference of creditors within the prohibition of the Bankrupt Act, and therefore void as against the assignees in bankruptcy. That it was a security given for the protection of a pré-existing debt, and that it was given within four months immediately preceding the filing of the petition in bankruptcy, are conceded facts. It may also be admitted that the bankrupt was insolvent when the mortgage was…
2Cases cited1 opinion
- Cook v. TullisSupreme Court of the United States · 1874
3Cited by93 opinions
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- Paul F. Kapela v. Samuel NewmanCourt of Appeals for the First Circuit · 1981
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