In re Elletson Co.
District Court, N.D. West Virginia
In the matter of the Elletson Company, bankrupts. From an order of the referee holding a deed of trust of certain of the bankrupt’s property invalid in part, the trustee petitions for review. Prior to December, 1904, Will A. Elletson was conducting a business at Par-kersburg, West Virginia, under the name of the Elletson Printorium. The scope of this business was general job printing, the manufacture and sale of record and like books, and the purchase and sale of stationery.
Read the full summary
In the matter of the Elletson Company, bankrupts. From an order of the referee holding a deed of trust of certain of the bankrupt’s property invalid in part, the trustee petitions for review. Prior to December, 1904, Will A. Elletson was conducting a business at Par-kersburg, West Virginia, under the name of the Elletson Printorium. The scope of this business was general job printing, the manufacture and sale of record and like books, and the purchase and sale of stationery. At the time, in addition to the manufacturing machinery plant, he had 'a stock in storeroom and in the paper, stock,…
1Opinion of the CourtDayton, District Judge
(after stating- the facts as above). Is the deed of trust of February 15, 1905, void as a security for the bank’s debt by reason of its disclosing on its face an intention and purpose to hinder, delay, and defraud creditors of the bankrupt company, or by reason of such intention being shown by evidence aliunde? This deed having been executed more than four months prior to the institution of bankruptcy proceedings, under, older decisions some doubt might have arisen as to the right of the referee to pass upon and adjudicate the matter in this summary proceeding instead of requiring the…
2Cases cited23 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- White v. SchloerbSupreme Court of the United States · 1900
- Whitney v. WenmanSupreme Court of the United States · 1905
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Sweeny v. Sugar Refining Co.West Virginia Supreme Court · 1887
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Shapiro v. WilgusSupreme Court of the United States · 1932
- Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
- In Re Associated Gas & Electric Co.District Court, S.D. New York · 1944
- Ritchie County Bank v. McFarlandCourt of Appeals for the Fourth Circuit · 1910
- In re CondonDistrict Court, S.D. New York · 1912
11 more not listed; retrieve them via the Exa API.