Ochoa v. Blanco

BINGHAM, Circuit Judge.

This is a bill in equity, brought by the trustee in bankruptcy of Juan Gilibertys (.who, on November 21, 1923, filed a petition in bankruptcy and was that day adjudicated a bankrupt), to set aside a mortgage, given by the bankrupt on the 17th day of September, 1923, to the firm of Ochoa & Hermano, to secure a credit with that concern for $3,000, on the ground that, at the time of the giving of the mortgage, Gilibertys was insolvent; that Ochoa & Hermano then knew, or had reason to believe, that he was insolvent, and that the giving of the mortgage would work a…