Legal Opinion

In Re Paper City Mill Supply Co.

District Court, D. Massachusetts

Decided July 17, 1928No. 38460PublishedCited by 2 opinions

1Opinion of the Court

MORTON, District Judge.

It is conceded that the bankrupt was insolvent, and the evidence makes clear that it was deeply insolvent, at the times when the goods in question were bought. As persons in charge of a business are presumed to he aware of its financial condition, in a general way, at least, and to intend the necessary consequences of their acts, purchases on credit under such conditions are presumptively fraudulent. This inference may be overcome by evidence which shows that the transactions in question were entered into in good faith by the buyers, .with a real, though illusory,…

2Cases cited3 opinions

  1. In re GurvitzDistrict Court, D. Massachusetts · 1921
  2. In re Henry Siegel Co.District Court, D. Massachusetts · 1914
  3. In re Morrill-Mascott Co.District Court, D. Massachusetts · 1923

3Cited by2 opinions

  1. American Mannex Corporation v. Joe D. Huffstutler, Trustee for Trice Production Company, BankruptCourt of Appeals for the Fifth Circuit · 1964
  2. Freedman v. BrownDistrict Court, D. Massachusetts · 1941

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