Johnson v. Wald
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Georgia. Lewis Wald and three other creditors of J. O. Johnson filed their petition, showing that they each held provable claims against him amounting in the aggregate to more than $500. The petition contained the usual formal averments, and charged that J. C. Johnson, within four months next preceding the time of tiling the petition, “at Calhoun, Ga., in said district, on the 13th day of…
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Appeal from the District Court of the United States for the Northern District of Georgia. Lewis Wald and three other creditors of J. O. Johnson filed their petition, showing that they each held provable claims against him amounting in the aggregate to more than $500. The petition contained the usual formal averments, and charged that J. C. Johnson, within four months next preceding the time of tiling the petition, “at Calhoun, Ga., in said district, on the 13th day of October, 1808, being possessed of and owning certain property described in a certain instrument of wilting- or deed made by…
1Opinion of the CourtShelby, Circuit Judge
The only question raised by the record is whether or not the execution of the deed by Johnson conveying his property to Fields was an act of bankruptcy. He was insolvent, and was indebted to Fields in about the sum of $2,000. The property conveyed was estimated to be worth $2,500, and Fields paid Johnson in cash $480. By section 8 of the bankruptcy act of 1898, “acts of bankruptcy by a person shall consist of his having * * * transferred while insolvent any portion of his property to one or more of his creditors with intent to prefer such creditor over his other creditors. * *
The appellant…
2Cited by10 opinions
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- John S. Brittain Dry-goods Co. v. BertenshawSupreme Court of Kansas · 1904
- Rex Buggy Co. v. HearickCourt of Appeals for the Eighth Circuit · 1904
- In re Richenell Fabric Mfg. Co.District Court, E.D. Pennsylvania · 1940
- In re Standard-Detroit Tractor Co.District Court, E.D. Michigan · 1921
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