Allen v. Massey
Supreme Court of the United States
Appeal from the Circuit Court for the District of Missouri; the case being thus-: The fourteenth section of the Bankrupt Act of March 2d, 1867,* enacts that the judge of the District Court or the register in bankruptcy shall assign all the estate, real and persona], of a bankrupt to his assignee in bankruptcy, and that such assignment shall vest in the assignee all the said estate, and all the property conveyed by the bankrupt in fraud of his creditors, and that the assignee…
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Appeal from the Circuit Court for the District of Missouri; the case being thus-: The fourteenth section of the Bankrupt Act of March 2d, 1867,* enacts that the judge of the District Court or the register in bankruptcy shall assign all the estate, real and persona], of a bankrupt to his assignee in bankruptcy, and that such assignment shall vest in the assignee all the said estate, and all the property conveyed by the bankrupt in fraud of his creditors, and that the assignee may sue for the same. And the statute of frauds of Missouri enacts,† that “ every sale by a vendor of goods and…
1Opinion of the CourtJustice Field
The sale was, within the terms of the statute, fraudulent and void as against Downing’s creditors. It was not accompanied by any delivery of the property, and was not followed by any change of possession. The property consisted of furniture used in a house occupied jointly by Downing and his vendee and her husband, and it remained in the same condition, and was used by all three precisely in the same manner after the sale as previously. There was no outward sign manifested, nor indicia exhibited, nor notice given, which could apprise the community of any change of ownership. The object of the…
2Cited by31 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Etheridge v. SperrySupreme Court of the United States · 1891
- Robinson & Co. v. BeltSupreme Court of the United States · 1902
- In re GarcewichCourt of Appeals for the Second Circuit · 1902
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