Clarion Bank v. Jones
Supreme Court of the United States
■Error to the Circuit Court for the Western District of Pennsylvania. The Bankrupt Act enacts: “Section 35. That if any person, being insolvent or in contemplation of insolvency, within four months before the filing of the petition by or against him, with a view to give a preference to any creditor or pei-son having a claim against him . . . procures any part of his property to be . . . seized on execution ... the person ... to be benefited thereby . . . having reasonable…
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■Error to the Circuit Court for the Western District of Pennsylvania. The Bankrupt Act enacts: “Section 35. That if any person, being insolvent or in contemplation of insolvency, within four months before the filing of the petition by or against him, with a view to give a preference to any creditor or pei-son having a claim against him . . . procures any part of his property to be . . . seized on execution ... the person ... to be benefited thereby . . . having reasonable cause to believe such person is insolvent, and that such attachment, &c., is made in fraud of the provisions of this act,…
1Opinion of the CourtJustice Clifford
Assignees of the bankrupt’s estate may recover back money or other property paid, conveyed, sold, assigned, or transferred contrary to the provisions of the Bankrupt Act, if such payment, pledge, assignment, transfer, or conveyance was made within four months before the filing of the petition by or against the debtor, and with a view to give a preference to one or more of the creditors of the bankrupt, or to a person having a claim against him, or who was under any liability on his account, provided the debtor was insolvent or in contemplation of insolvency, and the person receiving such…
2Cited by14 opinions
- Gibbs v. StateSupreme Court of Arkansas · 1974
- In re PeaseDistrict Court, E.D. Michigan · 1902
- Hewitt v. Boston Straw Board Co.Massachusetts Supreme Judicial Court · 1913
- Nogi v. GreenwoodDistrict Court, M.D. Pennsylvania · 1932
- In re Star Spring Bed Co.District Court, D. New Jersey · 1919
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