Whitwell v. Wright
New York Supreme Court
Action by Francis W. Whitwell, trustee in bankruptcy of Charles G. Gates, against Frank M. Wright and others, to set aside as an unlawful preference under the bankruptcy act a deed made by the defendant Charles C. Gates and wife to the defendant Frank N. Wright of a farm of about 126 acres, situate in the town of Seneca, Ontario county, made on the 9th day of October, 1906. Judgment for plaintiff.
1Opinion of the CourtFoote, J.
The plaintiff is entitled to recover in this action if he has established that at the time the deed was made on the 9th day of October, 1906, Charles C. Gates, the grantor, was insolvent; that the effect of the transfer was to enable his creditor, Frank E. Wright, the grantee, to obtain a greater precentage of his debt than *50his other creditors of the same class; that Wright had reasonable cause to believe that it was intended thereby to give him a preference; and that the petition in bankruptcy upon which Gates -was subsequently adjudged a bankrupt was filed within four months after said deed…
2Cases cited1 opinion
- De Graff v. LangAppellate Division of the Supreme Court of the State of New York · 1904