Legal Opinion · Concurrence

Roberts v. Hill

United States Circuit Court

Decided August 5, 1885Published

On Rehearing.

1ConcurrenceWheeler, J.

To avoid this transfer it must have been made after the commission of an act of insolvency, or in contemplation thereof, and with a view to prevent the application of the assets of the bank to the redemption of its circulating notes and ratable distribution among its creditors, or to the preference of the defendant’s intestate to other creditors. Rev. St. §§ 5242, 5236. There is no limitation of time within which the transfer must have been made; nor requirement of reasonable cause of the transferee to believe in the insolvency of the bank; nor provision that the fact that the transaction is…

2Cases cited3 opinions

  1. National Bank v. ColbySupreme Court of the United States · 1875
  2. Case v. Citizens' Bank of LouisianaU.S. Circuit Court for the District of Louisiana · 1873
  3. Harvey v. AllenU.S. Circuit Court for the District of Southern New York · 1879

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