Edwards v. Tandy
Court of Appeals of Kentucky
Case 34—PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The appellee knew when Hunt pledged the tobacco to her that he was insolvent, and necessarily that the pledge was made in fraud of the bankrupt act. 2. The object of the act was to prevent all preferences of creditors, and as far as possible to insure the equal distribution of the bankrupt’s property. (Sec. 5, Rev. Stat. U. S.; Bump on Bankruptcy, 795, 806, 815; 16 Nat.
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Case 34—PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The appellee knew when Hunt pledged the tobacco to her that he was insolvent, and necessarily that the pledge was made in fraud of the bankrupt act. 2. The object of the act was to prevent all preferences of creditors, and as far as possible to insure the equal distribution of the bankrupt’s property. (Sec. 5, Rev. Stat. U. S.; Bump on Bankruptcy, 795, 806, 815; 16 Nat. B. R., 198; 4 Ibid, 616; 15 Ibid, 438; 102 Mass., 437; 3 Nat. B. R., 93; 16 Wallace, 277; 5 Nat. B. R., 257; Ibid, 181; 3 Story, 544; 16 Wallace, 602; 3 Nat. B.…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
The issue presented by the pleadings in this cause was one ■of fact, and ought to have been tried by a jury, but having been decided by the chancellor without objection or suggestion that it was an issue for a jury, his decision must be treated as equivalent to a verdict, and the same rules appli- ■ cable thereto should govern in an exercise of the revisory powers of this court. The judgment does not seem to be palpably against the evidence, yet the circumstances shown by it are such that if the chancellor had adjudged otherwise than he has done,…
2Cited by2 opinions
- Willis v. . WhiteSupreme Court of North Carolina · 1909
- Andreas' Assignee v. RustCourt of Appeals of Kentucky · 1882