Jacobs v. Saperstein
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of Robert M. Robinson to recover the amount of payments alleged to have been preferences under § 60 a of the bankruptcy act of 1898 as amended.
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Contract by the trustee in bankruptcy of Robert M. Robinson to recover the amount of payments alleged to have been preferences under § 60 a of the bankruptcy act of 1898 as amended. Writ dated February 10, 1914. In the Superior Court the case was tried before Raymond, J. Besides the evidence which is described in the opinion, it appeared that the bankrupt filed his petition and was adjudged a bankrupt on December 31, 1913, that his schedules showed liabilities amounting to $19,548.96 and assets amounting to $3,004.87, from which, exclusive of the book accounts, a receiver realized $750. The…
1Opinion of the Court
Braléy, J.
The jury would have been justified in finding on the evidence of the bankrupt and of the expert accountant who had examined the books, that through the months of October and November, 1913, when the defendant received the payments which the trustee seeks to recover, the bankrupt, a trader, was unable to meet his financial obligations as they matured in the ordinary course of business. And upon a comparison of assets .and liabilities as shown by the record it clearly appears, that during that time as well as at the date of adjudication he was hopelessly insolvent. U. S. St. 1898, c.…
2Cases cited11 opinions
- Kaufman v. TredwaySupreme Court of the United States · 1904
- Buchanan v. SmithSupreme Court of the United States · 1873
- Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
- Merchants' National Bank v. CookSupreme Court of the United States · 1877
- Putnam v. United States Trust Co.Massachusetts Supreme Judicial Court · 1916
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3Cited by10 opinions
- Mason v. WyldeMassachusetts Supreme Judicial Court · 1941
- Wasserman v. HollidgeMassachusetts Supreme Judicial Court · 1929
- Eyges v. Boylston Nat. BankDistrict Court, D. Massachusetts · 1923
- Walsh v. Lowell Trust Co.Massachusetts Supreme Judicial Court · 1923
- Crosby v. SimpsonMassachusetts Supreme Judicial Court · 1920
5 more not listed; retrieve them via the Exa API.