Brereton v. Hull
Court for the Trial of Impeachments and Correction of Errors
.Declaration in assumpsit, common counts. Pleas, 1, nonassumpsit; and 2, a discharge as a Voluntary bankrupt by the district court of the U. S. for the southern district of New-York. The petition was presented on the 14th of February, 1842, and the discharge granted on the 16th of - September following.
Read the full summary
.Declaration in assumpsit, common counts. Pleas, 1, nonassumpsit; and 2, a discharge as a Voluntary bankrupt by the district court of the U. S. for the southern district of New-York. The petition was presented on the 14th of February, 1842, and the discharge granted on the 16th of - September following. Replication to second plea, that the defendant in his proceedings under the bankrupt act was guilty of fraud under said act, and of wilful concealment of his property, against its express provisions and in direct violation thereof, (1.) in having, after the passage of said act, made payments…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The replication is framed partly on the second, and partly on the fourth section of the bankrupt act; and the first question made at the bar is, whether the discharge can be impeached for the preferences among creditors, and the other payments and transfers of property, made in contemplation of bankruptcy, which are forbidden by the second section of the act. I think it may. The discharge of a bank*77rupt may be impeached “ for some fraud, or wilful concealment by him of his property, or rights of property.” (§ 4.) “ Fraud” is a very comprehensive term, and I cannot…
2Cited by14 opinions
- Dresser v. BrooksNew York Supreme Court · 1848
- Hazard v. GriswoldU.S. Circuit Court for the District of Rhode Island · 1884
- Sackman v. CampbellWashington Supreme Court · 1896
- In re RathboneDistrict Court, S.D. New York · 1868
- Beekman v. WilsonMassachusetts Supreme Judicial Court · 1845
9 more not listed; retrieve them via the Exa API.