Kennard v. Behrer
District Court, S.D. New York
In Equity. Suit by Johnson Hanson Kennard, trustee in bankruptcy of E. Pierrepont Rowland, against Arnold Behrer and others, doing business under the firm name of Arnold Behrer & Sons, and the Walworth Manufacturing Company. This is a bill in equity under section GO of the Bankruptcy Act (Comp. St. § 9644), by a trustee in bankruptcy, to set aside an assignment given to two creditors as a voidable preference.
Read the full summary
In Equity. Suit by Johnson Hanson Kennard, trustee in bankruptcy of E. Pierrepont Rowland, against Arnold Behrer and others, doing business under the firm name of Arnold Behrer & Sons, and the Walworth Manufacturing Company. This is a bill in equity under section GO of the Bankruptcy Act (Comp. St. § 9644), by a trustee in bankruptcy, to set aside an assignment given to two creditors as a voidable preference. The bankrupt was an officer of a corporation known as the H. B. Stephenson Company, doing a plumbing business in the, city of New York. This corporation becoming pressed for money in the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). It. is quite clear that both Rowland, the bankrupt, and the Stephenson Company, were insolvent on April 12th, the day of the assignment, unless the unperformed plumbing contracts of the company be taken as having a very substantial value. On January 1, 1917, and on March 1, 1917, Cireenfield’s report shows that the company was insolvent in the sum.of $20,000, and in July, upon their bankruptcy, their condition was worse. Stephenson’s testimony, as well as Brandon’s and Rowland’s, touching the condition of the business after April 12th, precludes the…
2Cases cited4 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Tumlin v. BryanCourt of Appeals for the Fifth Circuit · 1908
- Kimmerle v. FarrCourt of Appeals for the Sixth Circuit · 1911
- First Nat. Bank v. HoltCourt of Appeals for the Sixth Circuit · 1907
3Cited by14 opinions
- Bernstein v. Alpha Associates, Inc. (In Re Frigitemp Corp.)District Court, S.D. New York · 1983
- Union Trust Co. of Maryland v. TownshendCourt of Appeals for the Fourth Circuit · 1939
- Everett v. Warfield Mining Co.Court of Appeals for the Fourth Circuit · 1930
- Charlesworth v. Hipsh, Inc.Court of Appeals for the Eighth Circuit · 1936
- MacK v. Bank of LansingDistrict Court, W.D. Michigan · 1975
9 more not listed; retrieve them via the Exa API.