Winsor v. McLellan
U.S. Circuit Court for the District of Massachusetts
This was the case of a question adjourned into the circuit court from the district court of Massachusetts. The petition 'set forth, that Edward and William H. McLellan, of Boston, merchants and co-partners, of whom the petitioner, Henry Winsor, of Boston, was the assignee in bankruptcy, included in the schedule of their assets one half of the brig Napoleon, at sea, and in the schedule of their liabilities, 82.000 due to the trustees of Mrs. Bebecca S. McLellan, secured by a…
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This was the case of a question adjourned into the circuit court from the district court of Massachusetts. The petition 'set forth, that Edward and William H. McLellan, of Boston, merchants and co-partners, of whom the petitioner, Henry Winsor, of Boston, was the assignee in bankruptcy, included in the schedule of their assets one half of the brig Napoleon, at sea, and in the schedule of their liabilities, 82.000 due to the trustees of Mrs. Bebecca S. McLellan, secured by a bill of sale of one half of the brig Napoleon. The bill of sale was made Dec. 9, 1841, and the petition of the McLellans…
1Opinion of the Court
STOBY, Circuit Justice.
In considering the present question, it should be constantly borne in mind, that there is no provision in our bankrupt act of 1841, c. 9 [5 Stat. 440], corresponding with the provision in the statute of 21 Jac. I. c. 19, §§ 10, 11, and the more recent statutes of England, respecting reputed ownership in cases of bankruptcy. See statute 6 Geo. IV. c. 16, § 72. There is no proof, nor even any allegation of fraud between the trustees and the bankrupts, with a view to delay or defeat or defraud their creditors, in the present transaction. So that the case stands drily and…
2Cases cited1 opinion
- Murray v. LylburnNew York Court of Chancery · 1817
3Cited by28 opinions
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Stewart v. PlattSupreme Court of the United States · 1879
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- Hauselt v. HarrisonSupreme Court of the United States · 1882
- In re GarcewichCourt of Appeals for the Second Circuit · 1902
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