Fawcett's Assignee v. Mitchell, Finch & Co.
Court of Appeals of Kentucky
Appeal from Mason Circuit Court. Jas. P. IIarbeson, Circuit Judge. Judgment for defendant, plaintiffs appeal POINTS AND AUTHORITIES. 1. A transfer by an insolvent debtor to his creditor with a design to prefer him is not fraudulent.
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Appeal from Mason Circuit Court. Jas. P. IIarbeson, Circuit Judge. Judgment for defendant, plaintiffs appeal POINTS AND AUTHORITIES. 1. A transfer by an insolvent debtor to his creditor with a design to prefer him is not fraudulent. (Matthews v. L'loyd, 89 Ky., 625; Bank of Commerce v. Windmuller, 106 Ky., 395; Wjhitehead v. Woodruff, 11 Bush, 209.) 2. In the absence of a statute forbidding it, an insolvent debtor has a right to prefer some of his creditors to others. . An intent to prefer is not a fraudulent intent. (Matthews v. Lloyd, 89 Ky., 629; Bank of Commerce v. Windmuller, 106 Ky.,…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Affirming.
In June, 1908, D. A. Fawcett, who was engaged in business at Aberdeen, Ohio, made a general assignment of his property for the benefit of his creditors to W. A. Rist, also a citizen of Ohio. Afterwards Rist, as assignee, brought this suit against Mitchell, Finch & Co., a banking corporation located at Mays-ville, in this State, charging that ¡a few days before his assignment Fawcett transferred and delivered to it, in contemplation of insolvency and for the purpose of preferring them to the exclusion of his other creditors, notes aggregating…
2Cases cited7 opinions
- Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- Zacher v. Fidelity Trust & S. V. Co.Court of Appeals of Kentucky · 1900
- Coflin v. KellingCourt of Appeals of Kentucky · 1886
- Bank of Commerce v. WindmullerCourt of Appeals of Kentucky · 1899
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3Cited by1 opinion
- Bryant's Trustee in Bankruptcy v. StephensCourt of Appeals of Kentucky (pre-1976) · 1934