Legal Opinion

Walbrun v. Babbitt

Supreme Court of the United States

Decided April 28, 1873PublishedCited by 43 opinions

Error to the Circuit Court for the District of Missouri. Babbitt, assignee in bankruptcy of Marks Mendelsonj brought trover against Walbrun & Co. in the court below, to recover the value of a stock of merchandise sold by the bankrupt to one Summerfield, and by the latter to the said defendants.

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Error to the Circuit Court for the District of Missouri. Babbitt, assignee in bankruptcy of Marks Mendelsonj brought trover against Walbrun & Co. in the court below, to recover the value of a stock of merchandise sold by the bankrupt to one Summerfield, and by the latter to the said defendants. The ground of the action was that the several transfers were frauds on the bankrupt law under the 85th section thereof — a section in these words:* “ If any person, being insolvent or in contemplation of insolvency or bankruptcy, within six months before the filing of the petition by or against him,…

1Opinion of the CourtJustice Davis

In the view we take of this case it is not necessary to •notice the assignments of error upon the instructions to the jury by the court below. In some respects they may be technically inaccurate, and in others they were far too favorable to the defendants. But, in any event, they did not materially affect the merits of the action, and, as there were no disputed facts bearing on the real matter in controversy, the court could have properly told the jury to find, as they did, for the plaintiffs. * †Indeed, the verdict was so obviously right that the court would not set aside the judgment when…

2Cited by43 opinions

  1. West v. CamdenSupreme Court of the United States · 1890
  2. Anderson County Commissioners v. BealSupreme Court of the United States · 1885
  3. Dokken v. PageCourt of Appeals for the Eighth Circuit · 1906
  4. Torosian v. PaulosArizona Supreme Court · 1957
  5. Robertson v. EdelhoffSupreme Court of the United States · 1890

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