Shimer v. Huber
U.S. Circuit Court for the District of Eastern Pennsylvania
On April 30, 1877, a petition on the part of firm creditors of the firm of Huber & Mohr was filed in the district court for the Eastern district' of Pennsylvania, on which they were adjudged bankrupts. On April 24, 1877, three executions had been issued against C. Lewis Huber, one of the members of this firm, out of the court of common pleas of Lehigh county. One by Walter P. Huber, guardian of Chas.
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On April 30, 1877, a petition on the part of firm creditors of the firm of Huber & Mohr was filed in the district court for the Eastern district' of Pennsylvania, on which they were adjudged bankrupts. On April 24, 1877, three executions had been issued against C. Lewis Huber, one of the members of this firm, out of the court of common pleas of Lehigh county. One by Walter P. Huber, guardian of Chas. T. Ritter, for $2,000, dated April 14, 1874, and entered of record April 24, 1877; one by Rebecca Wagner, dated April 1,1874, entered of record April 24,1877, for $3,879; and one by Milton…
1Opinion of the Court
BUTLER, District Judge.
Three questions are presented by this case: First, did the agreement of March 29, 1879, between the partners, Huber. & Mohr, transfer the firm property to Huber as against the firm creditors? Second, were the seizures under the executions of Walter Huber, Mrs. Wagner, and Mr. Cooper, procured by the debtor, Lewis Huber? Third, is the judgment of the Coopersburg Savings Bank, of April, 1877, valid, and, if so, was the seizure under it procured bv the debtor?
The first question is one of good faith, simply. If the transaction was honest — designed for the purpose stated in…
2Cases cited2 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Doner v. StaufferSupreme Court of Pennsylvania · 1829
3Cited by1 opinion
- Wooldridge v. IrvingUnited States Circuit Court · 1884