Blakey v. Boonville Nat. Bank
District Court, D. Indiana
In Equity. This is a suit in equity by the complainant, as receiver of an estate in bankruptcy, to recover, for the benefit of the estate, certain sums of money paid by tlie bankrupt to the defendants on promissory notes held by them, respectively, against the bankrupt, which were due and owing when the payments were made.
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In Equity. This is a suit in equity by the complainant, as receiver of an estate in bankruptcy, to recover, for the benefit of the estate, certain sums of money paid by tlie bankrupt to the defendants on promissory notes held by them, respectively, against the bankrupt, which were due and owing when the payments were made. The defendants Severally answered, admitting the payment of the money within four months preceding the adjudication of the debtor as a bankrupt, but averring that they did not know or have reason to believe that he was insolvent at the time the payments were made, nor did…
1Opinion of the Court
BAKER, District Judge.
The sole question raised by the exceptions to the several answers of the defendants is whether money paid by a debtor to his creditor on a valid pre-existing debt, when the creditor at the time he received such payment had no reasonable cause to believe that it was thereby intended to give a preference, may be recovered for the benefit of the bankrupt’s estate on the ground that within four months after such payment the debtor was adjudged a bankrupt, and in making such payment the debtor intended to cheat, hinder, and delay his other creditors; or, in other words,…
2Cited by3 opinions
- Boonville National Bank v. BlakeyIndiana Supreme Court · 1906
- In re AlexanderDistrict Court, N.D. Georgia · 1900
- Worden v. Columbus Electric Co.District Court, D. Indiana · 1899