Sage v. Wyncoop
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Northern District of New York. This was a bill filed by Sage against Wyncoop, Cossitt, and Fowler, to compel the application of a fund in the custody of the District Court of the United States for the Northern District of New York, to the payment of .two judgments which he had recovered against Fowler in the Supreme Court of the State of New York, May 19 and June 2, 1875. It appears that executions, forthwith sued…
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Appeal from the Circuit Court of the United States for the Northern District of New York. This was a bill filed by Sage against Wyncoop, Cossitt, and Fowler, to compel the application of a fund in the custody of the District Court of the United States for the Northern District of New York, to the payment of .two judgments which he had recovered against Fowler in the Supreme Court of the State of New York, May 19 and June 2, 1875. It appears that executions, forthwith sued out upon the judgments, were by Cossitt, as sheriff, levied upon goods belonging to Fowler. On the 3d of June and after…
1Opinion of the CourtChief Justice Waite
There are two questions in this case: 1. Whether the preference which the appellant claims to have secured by his judgments and levies was obtained with the active assistance of the bankrupt; and, 2. Whether the appellant is chargeable with notice of the insolvency of the bankrupt.
We said, in Wilson v. City Bank (17 Wall. 473, 487), “very slight evidence of an affirmative character of the existence of a desire to prefer one creditor, or of acts done with a view to such preference, might be sufficient to invalidate the whole transaction.” This case seems to us full of such evidence. The…
2Cases cited1 opinion
- Wilson v. City BankSupreme Court of the United States · 1873
3Cited by14 opinions
- P. C. Hanford Oil Co. v. First National BankIllinois Supreme Court · 1888
- Kirchberger v. American Acetylene Burner Co.Court of Appeals for the Second Circuit · 1904
- Sartwell v. NorthMassachusetts Supreme Judicial Court · 1887
- Universal Winding Co. v. Willimantic Linen Co.U.S. Circuit Court for the District of Connecticut · 1897
- Babbitt v. KelleyMissouri Court of Appeals · 1902
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