In re Ratliff
District Court, E.D. North Carolina
Appeal from Decision of Referee Disallowing Claims. The facts, found by the referee are: “At the first meeting of creditors, Armstrong, Cátor & Co., by their attorney, A. S. Dockery, Esq., offered for allowance proof of. claim in due form for $1,230.06. Upon examination of the books of the bankrupt It appears that bankrupt paid to said claimants on August 31, 1900, $.150; October 1, 1900, $100;, October 10, .1900, $48.12; November 1, 1900, $22.75. On December 31, 1900,…
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Appeal from Decision of Referee Disallowing Claims. The facts, found by the referee are: “At the first meeting of creditors, Armstrong, Cátor & Co., by their attorney, A. S. Dockery, Esq., offered for allowance proof of. claim in due form for $1,230.06. Upon examination of the books of the bankrupt It appears that bankrupt paid to said claimants on August 31, 1900, $.150; October 1, 1900, $100;, October 10, .1900, $48.12; November 1, 1900, $22.75. On December 31, 1900, bankrupt filed voluntary petition, upon- which he was adjudged bankrupt upon the same day. The referee finds as a fact,that…
1Opinion of the CourtPUivXELL, District Judge
(after stating the facts as above). The question presented is, do the payments amount to a preference prohibited by the bankruptcy law?' The bankrupt did not know at the time the payments were made of his insolvency. How, then, could he have intended a preference? The decision of the referee is based on section 57g, — “the claims of creditors who have received preferences shall not be allowed unless such creditors shall surrender their preferences,” — and the question presented is, have these creditors received a preference, within the meaning of the bankruptcy act? If they have, then the…
2Cases cited7 opinions
- Clark v. IselinSupreme Court of the United States · 1875
- Columbus Electric Co. v. WordenCourt of Appeals for the Seventh Circuit · 1900
- Tiffany v. LucasSupreme Court of the United States · 1873
- In re EggertDistrict Court, E.D. Wisconsin · 1900
- In re AlexanderDistrict Court, N.D. Georgia · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re KellerDistrict Court, N.D. Iowa · 1901
- In re SanderlinDistrict Court, E.D. North Carolina · 1901
- In re SimonDistrict Court, D. Massachusetts · 1922