Wager v. Hall
Supreme Court of the United States
¿Appeal from the Circuit Court for the Western District of Wisconsin. Hall, assignee of Lakin, a trader in Brodhead, Green Oouuty, Wisconsin, filed a bill in the court below against ^Wager & Dales, merchants, of Troy, New York, to set aside a mortgage on lands in the said Brodhead, given by the said t ankrupt to them for $3000, to secure five payments, of $600 each, payable in six, twelve, sixteen, twenty, and twenty-four months, which mortgage and notes were executed…
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¿Appeal from the Circuit Court for the Western District of Wisconsin. Hall, assignee of Lakin, a trader in Brodhead, Green Oouuty, Wisconsin, filed a bill in the court below against ^Wager & Dales, merchants, of Troy, New York, to set aside a mortgage on lands in the said Brodhead, given by the said t ankrupt to them for $3000, to secure five payments, of $600 each, payable in six, twelve, sixteen, twenty, and twenty-four months, which mortgage and notes were executed December" 15th, 1869, being twenty-four days prior to his filing his petition in bankruptcy, ou the ground that it was giveu…
1Opinion of the CourtJustice Clifford
Preferences as well as fraudulent conveyances, if made within four months before the filing of the petition by or against the bankrupt, are-forbidden, by the Bankrupt Act, but three things must be proved in order that the transaction may come within that prohibition and be affected by it as an illegal payment, security, or transfer: (1.) That the payment, pledge, assignment, transfer, or conveyance was made within four months before the filing of the petition by or against the bankrupt and with a view to'give a preference to some one of his creditors, or' to a person having a- claim against…
2Cases cited1 opinion
- Richardson v. WelcomeMassachusetts Supreme Judicial Court · 1850
3Cited by51 opinions
- Myres v. United StatesCourt of Appeals for the Eighth Circuit · 1949
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- State v. CadwellSupreme Court of Iowa · 1890
- Hunter v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 1952
- Roberts v. HillUnited States Circuit Court · 1885
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