Clarke v. Rogers
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP APPEALS FOR THE FIRST CIRCUIT. The facts, which involve the provisions of the Bankruptcy Act in regard to preferences and provable debts, are stated in the opinion. No successor trustee having been appointed until long after the transaction took place, and at the time of the alleged preference there being no creditor then existing and ascertained, there could be no debt provable in bankruptcy, and no preference within the meaning of the act.
Read the full summary
APPEAL PROM THE CIRCUIT COURT OP APPEALS FOR THE FIRST CIRCUIT. The facts, which involve the provisions of the Bankruptcy Act in regard to preferences and provable debts, are stated in the opinion. No successor trustee having been appointed until long after the transaction took place, and at the time of the alleged preference there being no creditor then existing and ascertained, there could be no debt provable in bankruptcy, and no preference within the meaning of the act. The beneficiaries of the trusts under the Parsons will were not creditors of Shaw. They had an interest in having the…
1Opinion of the Court
Mr, Justice McKenna
delivered the opinion of the court.
Petition by appellee as trustee in bankruptcy of the estate of John O. Shaw to recover a preference.
The facts are these: The bankrupt, John O. Shaw, was, for a long time prior to the adjudication in bankruptcy, trustee under the will of Samuel Parsons, late of Newton, in the county of Middlesex, Massachusetts, of two trusts* one for the benefit of Charles A., James H. and Henry B. Parsons, and the other for the benefit of E. F. and E. A. Parsons.
After proceedings in bankruptcy had been commenced, Shaw resigned the trusts and his…
2Cases cited5 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- United States v. State BankSupreme Court of the United States · 1878
- Tindle v. BirkettSupreme Court of the United States · 1907
- Frederic L. Grant Shoe Co. v. W. M. Laird Co.Supreme Court of the United States · 1909
- Rogers v. PalmerSupreme Court of the United States · 1880
3Cited by53 opinions
- Cunningham v. BrownSupreme Court of the United States · 1924
- In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
- American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940
- Schall v. CamorsSupreme Court of the United States · 1920
- Baron & Budd, P.C. v. Unsecured Asbestos CommitteeDistrict Court, D. New Jersey · 2005
48 more not listed; retrieve them via the Exa API.