Legal Opinion

In re Cadwell

U.S. Circuit Court for the District of Northern New York

Decided July 1, 1883PublishedCited by 1 opinion

In Bankruptcy.

1Opinion of the CourtCoxe, J.

This is an appeal from an order of the register expunging the proof of debt filed by the Jefferson County National Bank, founded upon three judgments which had previously been declared preferential and void for constructive fraud only. Brown v. Jefferson Co. Nat. Bank, 19 Blatchf. 315; S. C. 9 Fed. Rep. 258.

The solo question is whether a creditor, who is guilty of no actual fraud, is debarred from proving his debt for the reason that his preference has been set aside by the judgment of the court.

In August, 1877, tho district court for the southern district of New York decided that there was…

2Cases cited6 opinions

  1. In re BlackDistrict Court, D. Massachusetts · 1878
  2. In re KaufmanDistrict Court, D. New Jersey · 1879
  3. In re NewcomerDistrict Court, N.D. Illinois · 1878
  4. Brown v. Jefferson County Nat. BankU.S. Circuit Court for the District of Northern New York · 1881
  5. In re CramerDistrict Court, D. Minnesota · 1875

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3Cited by1 opinion

  1. In re GrethDistrict Court, E.D. Pennsylvania · 1902

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