Rex Buggy Co. v. Hearick
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas. This is an appeal by creditors from an order dismissing their petition and refusing to adjudge the appellees bankrupts: The acts of bankruptcy charged are that the defendants, while insolvent, transferred portions of their property to some of their creditors, with intent to prefer such creditors over others. Bankr. Act July 1, 1898, c: 541, § 3, subd. “a,” cl. 2, 30 Stat. 546 [U. S. Comp.
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Appeal from the District Court of the United States for the District of Kansas. This is an appeal by creditors from an order dismissing their petition and refusing to adjudge the appellees bankrupts: The acts of bankruptcy charged are that the defendants, while insolvent, transferred portions of their property to some of their creditors, with intent to prefer such creditors over others. Bankr. Act July 1, 1898, c: 541, § 3, subd. “a,” cl. 2, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3422]. The cause was tried upon an agreed statement of facts, from which it appears without dispute that the…
1Opinion of the CourtHook, Circuit Judge
If a merchant is hopelessly insolvent during the four months preceding the filing of a petition in involuntary bankruptcy against him, and with knowledge of such condition of insolvency pays to certain of his creditors substantial sums of money in full satisfaction of their claims, and denies payment to others whose claims are due and equally entitled to payment, he has committed an act of bankruptcy within the meaning of section 3, subd. “a,” cl. 2, Bankr. Act July 1, 1898, c. 541, 30 Stat. 546 [U. S. Comp. St 1901, p. 3422]. His payments under such circumstances inevitably result in giving…
2Cases cited7 opinions
- Toof v. MartinSupreme Court of the United States · 1871
- Wager v. HallSupreme Court of the United States · 1873
- In re Rome Planing MillDistrict Court, N.D. New York · 1899
- Bloch v. FarjeonCourt of Appeals for the Second Circuit · 1901
- In re GilbertDistrict Court, D. Oregon · 1902
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3Cited by5 opinions
- Houchin Sales Co. v. AngertCourt of Appeals for the Eighth Circuit · 1926
- In re Standard-Detroit Tractor Co.District Court, E.D. Michigan · 1921
- Shingleton v. Armour Boulevard Corp.Court of Appeals for the Eighth Circuit · 1939
- Bean v. JarvisCourt of Appeals for the First Circuit · 1927
- In re HarrisDistrict Court, N.D. Alabama · 1907