McLean v. Lafayette Bank
U.S. Circuit Court for the District of Ohio
[This was a bill by Nathaniel McLean, as-signee in bankruptcy of John Mahard, Jr., and William Mahard, partners as John Ma-hard & Co., to set aside certain transfers of stock of the Lafayette Bank and mortgage of real estate made by the bankrupts, and claimed to be fraudulent as to their creditors. An injunction was granted to stay proceedings in the state court seeking to enforce the alleged fraudulent preferences.
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[This was a bill by Nathaniel McLean, as-signee in bankruptcy of John Mahard, Jr., and William Mahard, partners as John Ma-hard & Co., to set aside certain transfers of stock of the Lafayette Bank and mortgage of real estate made by the bankrupts, and claimed to be fraudulent as to their creditors. An injunction was granted to stay proceedings in the state court seeking to enforce the alleged fraudulent preferences. The case was formerly heard upon motion to dissolve this injunction. Case No. 8,885. Subsequently an amended bill was filed, to which the defendant demurred. The demurrer was…
1Opinion of the Court
OPINION OF
THE COURT.
In this bill the complainant prays, that the property of Mahard, real and personal, may be brought into the bankrupt court for distribution, and that the various liens under which the defendants claim may be set aside and annulled as fraudulent under the bankrupt and state laws. An injunction was granted to *266stay proceedings in the state courts on the mortgages and other liens set up by the defendants. The case in all its branches has been argued with much research and distinguished ability. As many of the defendants assert distinct interests, which are in no respect…
2Cases cited5 opinions
- Guion v. KnappNew York Court of Chancery · 1836
- Eddy v. TraverNew York Court of Chancery · 1837
- West v. BelchesSupreme Court of Virginia · 1816
- Bank of U. S. v. StewartCourt of Appeals of Kentucky · 1836
- Sells v. Administrators of HubbellNew York Court of Chancery · 1817
3Cited by4 opinions
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
- Perkins v. WatsonTennessee Supreme Court · 1872
- Richards v. MarshmanSupreme Court of Iowa · 1849
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1952