Surratt v. Eskridge
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Pulaski county. Decree for complainant. Defendants appeal. This suit involves the question of whether certain conveyances of property, made by the bankrupt within four months prior to the filing of the petition upon which he was adjudged a bankrupt, to bona fide creditors, for a consideration not in excess of the debts of such creditors and of the full value of the property, were made “with the intent and purpose on his” (the…
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Appeal from a decree of the Circuit Court of Pulaski county. Decree for complainant. Defendants appeal. This suit involves the question of whether certain conveyances of property, made by the bankrupt within four months prior to the filing of the petition upon which he was adjudged a bankrupt, to bona fide creditors, for a consideration not in excess of the debts of such creditors and of the full value of the property, were made “with the intent and purpose on his” (the bankrupt’s) “part to hinder, delay or defraud his creditors, or any of them,” and were hence null and void under the…
1Opinion of the Court
Sims, J.,
after making the foregoing state-.,ent, delivered the following opinion of the court:
[1] 1. We are of opinion that the evidence in the record before us presents a case in which the grantor knew, at the time he made the conveyances in question, that he was insolvent, in the sense that he did not have the then present ability to pay and that his property would not realize enough to pay all of his creditors in full if they pressed for prompt payment. But we are also of the opinion that the grantor did not make the conveyances with any “intent, to hinder, delay or defraud creditors * * *…
2Cases cited13 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Dean v. DavisSupreme Court of the United States · 1917
- Stewart v. DunhamSupreme Court of the United States · 1885
- Van Iderstine v. National Discount Co.Supreme Court of the United States · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bank of Commerce v. Rosemary & Thyme, Inc.Supreme Court of Virginia · 1978
- Mills v. Miller Harness Co., Inc.Supreme Court of Virginia · 1985
- Temple v. Jones, Son & Co.Supreme Court of Virginia · 1942
- Lincoln Theatres Corp. v. FlemingCourt of Appeals for the Fourth Circuit · 1933
- Inspiration Coal, Inc. v. MullinsDistrict Court, W.D. Virginia · 1988
8 more not listed; retrieve them via the Exa API.