Summers v. Abbott
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Missouri. On the 18th day of September, 1901, Adolph Rosenthal and Lewis J. Lehman, a partnership doing business in the firm name and style of Rosenthal & Lehman, made a general assignment of all their property for the equal benefit of all their creditors to Smith W. Summers, trustee.
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Appeal from the District Court of the United States for the Eastern District of Missouri. On the 18th day of September, 1901, Adolph Rosenthal and Lewis J. Lehman, a partnership doing business in the firm name and style of Rosenthal & Lehman, made a general assignment of all their property for the equal benefit of all their creditors to Smith W. Summers, trustee. The assignee took possession of the property assigned to him by the deed of assignment, consisting of a large and varied stock of merchandise, and, after selling a portion thereof at retail, sold the remainder in bulk; realizing for…
1Opinion of the Court
CALDWEUv, Circuit Judge,
after stating the case as above, ■delivered the opinion of the court.
The deed of assignment covered all the property of the bankrupts. It was honestly made for the laudable purpose of applying all the property of the debtors to the payment, ratably, of all their debts. This is conceded. No claim is made that there was a secret trust reserved for the grantors’ benefit, or that there was otherwise any fraud in fact in the execution, and delivery of the deed. It was not made to hinder, •delay, or defraud creditors, but to pay creditors. Fraud cannot be predicated of such…
2Cited by12 opinions
- In Re Jensen-Farley Pictures, Inc.United States Bankruptcy Court, D. Utah · 1985
- In re ChaseCourt of Appeals for the First Circuit · 1903
- Goldie v. CoxCourt of Appeals for the Eighth Circuit · 1942
- Armstrong v. Lone Star Refining Co.Court of Appeals for the Eighth Circuit · 1927
- Paine v. ArcherCourt of Appeals for the Ninth Circuit · 1916
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