Legal Opinion

Michaels v. Post

Supreme Court of the United States

Decided December 21, 1874No. 85PublishedCited by 43 opinions

Appeal from the Circuit Court for the Northern District of New York. Post, assignee in bankruptcy of the Macary Brothers, filed a bill against Henry Michaels and Nathan Levi, partners, to make them account for the value of certain merchandise (an entire stock in trade, worth about $4200), which Post, as assignee, alleged that the said Macary Brothers had transferred to the said Michaels & Levi in fraud of the Bankrupt law, The case, as it appeared on the weight of evidence,…

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Appeal from the Circuit Court for the Northern District of New York. Post, assignee in bankruptcy of the Macary Brothers, filed a bill against Henry Michaels and Nathan Levi, partners, to make them account for the value of certain merchandise (an entire stock in trade, worth about $4200), which Post, as assignee, alleged that the said Macary Brothers had transferred to the said Michaels & Levi in fraud of the Bankrupt law, The case, as it appeared on the weight of evidence, and as it .was assumed by this court to be, was thus: Harlow Macary and Henry Macary, two young men, aged respectively…

1Opinion of the CourtJustice Clifford

Debtors, owing debts to the amount of $300, who have committed any one of the acts of bankruptcy enumerated in the thirty-ninth section of the original Bankrupt Act, may be adjudged bankrupts on the petition of one or more of their creditors, the aggregate of whose debts provable under the act amounts to $250, provided such petition is filed within the period therein prescribed.

By that section it is declared to be an act of bankruptcy if such a debtor shall make any assignment, gift, sale, conveyance, or transfer of his estate, property, rights, or credits, with intent to delay, defraud, or…

2Cases cited3 opinions

  1. Hampton v. M'connelSupreme Court of the United States · 1818
  2. Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
  3. Hall v. HamlinSupreme Court of Pennsylvania · 1834

3Cited by43 opinions

  1. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
  2. In Re LennonSupreme Court of the United States · 1897
  3. Barnes v. American Fertilizer Co.Court of Appeals of Virginia · 1925
  4. Gratiot County State Bank v. Johnson Ex Rel. St. Louis Chemical Co.Supreme Court of the United States · 1919
  5. Curdy v. StaffordTexas Supreme Court · 1895

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