Legal Opinion

McKey v. Lee

Court of Appeals for the Seventh Circuit

Decided January 2, 1901No. 720PublishedCited by 12 opinions

Appeal from the District Court of the United States for the North mm Division of the Northern District of Illinois. The facts are not disputed, having been agreed upon before the referee, and in the District Court, as follows: 1. “That on the 17th day of January, A. D. 1900, said Patrick 1’. Ryan duly filed his voluntary petition in bankruptcy heroin, and was on the same day duly adjudicated a bankrupt.

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Appeal from the District Court of the United States for the North mm Division of the Northern District of Illinois. The facts are not disputed, having been agreed upon before the referee, and in the District Court, as follows: 1. “That on the 17th day of January, A. D. 1900, said Patrick 1’. Ryan duly filed his voluntary petition in bankruptcy heroin, and was on the same day duly adjudicated a bankrupt. That the first meeting of creditors was duly held, and said Edward B. MeKey at said meeting of creditors was duly elected trustee for said bankrupt, and at once qualified, and has been acting…

1Opinion of the Court

After the foregoing statement of the case, GROSSCUP, Circuit Judge, delivered the opinion of the court, as follows:

Paragraph (g), section 57, of the Bankruptcy Act, provides:

“The claims of creditors who have received preferences shall not he allowed unless such creditors shall surrender their preferences.”

Paragraph (a), section CO, provides:

“A person shall he deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor 'of any person, or made a transfer of any of his property, and the effect of the enforcement of such…

2Cited by12 opinions

  1. Waldschmidt v. Ranier (In Re Fulghum Construction Co.)United States Bankruptcy Court, M.D. Tennessee · 1980
  2. Dickson v. WymanCourt of Appeals for the First Circuit · 1901
  3. Gans v. EllisonCourt of Appeals for the Third Circuit · 1902
  4. In re KellerDistrict Court, N.D. Iowa · 1901
  5. Peterson v. Nash Bros.Court of Appeals for the Eighth Circuit · 1901

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