Tinker v. Van Dyke
U.S. Circuit Court for the District of Eastern Michigan
[In error to the district court of the United States for the Eastern district of Michigan.]
1Opinion of the Court
EMMONS, Circuit Judge.
[Philip J.] Van Dyke was appointed trustee before the amendment of 1874 [18 Stat. 178], which so changed the former law as to require that a creditor obtaining a preference should know that the debtor was insolvent instead of “having reasonable cause to believe' he was so insolvent.’’ The bankrupt law transfers all the property of the bankrupt to the assignee as of the day of adjudication. Van Dyke, for the benefit of creditors, had a right unconditionally to one thousand dollars, in the hands of [Lowell W.] Tinker, as the immediate conveyance of the adjudication under…
2Cases cited13 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Cook v. . WhippleNew York Court of Appeals · 1873
- First National Bank v. PriceCourt of Appeals of Maryland · 1871
- Stevens v. Mechanics' Savings BankMassachusetts Supreme Judicial Court · 1869
- Bay City & East Saginaw Railroad v. AustinMichigan Supreme Court · 1870
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3Cited by1 opinion
- New York State Higher Education Services Corp. v. Henry (In Re Henry)United States Bankruptcy Court, S.D. New York · 1979