Watson v. Adams
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Eastern Division of the Southern District of Ohio; John E. Sater, Judge. Two suits by Paul L. Adams, as trustee of Joseph M. Hamilton, bankrupt, against Margaret Watson, individually and as administra-trix of Elizabeth Hamilton, and others, and against Wilbur E. Simpson and others. From a decree for plaintiff in each case, defendants appeal.
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Appeals from the District Court of the United States for the Eastern Division of the Southern District of Ohio; John E. Sater, Judge. Two suits by Paul L. Adams, as trustee of Joseph M. Hamilton, bankrupt, against Margaret Watson, individually and as administra-trix of Elizabeth Hamilton, and others, and against Wilbur E. Simpson and others. From a decree for plaintiff in each case, defendants appeal. Joseph M. Hamilton was adjudicated bankrupt upon a petition filed against him January 19, 1913. On January 1, 1912, he had given to his wife, Rebecca, a note for $7,000, said to represent an…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The petition against the mother and sister directly alleges that the conveyance was made by Hamilton with intent to hinder, delay, and defraud his creditors, but does not say that the grantees participated in this intent. It then proceeds to allege that the deed was within the four months period and constituted a preference, but omits any statement that the recipients were chargeable with notice that a preference would result — a fatal omission on this theory. Carey v. Donohue (C. C. A. 6) 209 Fed. 328, 126 C. C. A. 254. However, we pass by-any question…
2Cases cited4 opinions
- Dean v. DavisSupreme Court of the United States · 1917
- Van Iderstine v. National Discount Co.Supreme Court of the United States · 1913
- Carey v. DonohueCourt of Appeals for the Sixth Circuit · 1913
- Pugh v. LingafelterCourt of Appeals for the Sixth Circuit · 1910
3Cited by9 opinions
- Adams v. ChampionSupreme Court of the United States · 1935
- Cumberland Portland Cement Co. v. Reconstruction Finance Corp.District Court, E.D. Tennessee · 1953
- Richardson v. Germania BankCourt of Appeals for the Second Circuit · 1919
- In re CusterDistrict Court, S.D. Ohio · 1931
- Titus v. MaxwellCourt of Appeals for the Sixth Circuit · 1922
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