Bank of Leavenworth v. Hunt
Supreme Court of the United States
Error to the Circuit Court for the District of Kansas. This was an action brought by the assignee in bankruptcy of Keller and Gladding to recover of the Second National Bank of Leavenworth the value of‘certain property alleged to have been transferred to it by them in fraud of the provisions of the Bankrupt Act.
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Error to the Circuit Court for the District of Kansas. This was an action brought by the assignee in bankruptcy of Keller and Gladding to recover of the Second National Bank of Leavenworth the value of‘certain property alleged to have been transferred to it by them in fraud of the provisions of the Bankrupt Act. On the trial evidence, was introduced, on the part of the plaintiff, tending to show that the bankrupts had made a conveyance of their property to the defendants when they were insolvent, and that the defendants had reasonable grounds for believing that the bankrupts were in this…
1Opinion of the CourtJustice Field
The question presented for our consideration arises upon the refusal of the Circuit Court to give the instruction prayed; and it is one easily answered. It would have been error to have given the instruction, for it assumes that there was an original valid agreement between the parties that the plaintiffs should deliver to the bank the entire stock of goods when desired. •
In the first place, the record does not disclose that any such agreement was established; it only discloses that the evidence introduced tended to show that, in conversations preliininary to the execution of the mortgage,…
2Cases cited1 opinion
- Wood v. LowryNew York Supreme Court · 1837
3Cited by25 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Means v. DowdSupreme Court of the United States · 1888
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