If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall... The Southeastern Reporter - Page 1741905Full view - About this book
| New Jersey. Court of Chancery - 1907 - 930 pages
...preference, and the person receiving it or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended...trustee, and he may recover the property or its value, the party receiving payment must have had reasonable ground to believe that it was intended thereby... | |
| New Jersey. Court of Chancery - 1905 - 808 pages
...or to be benefited thereby, or his agent acting therein, shall hate had reasonable caufc to brlicrc that it was intended thereby to give a preference,...recover the property or its value from such person." I find that as a matter of fact, as already stated, the trust company had no reason to believe that... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1909 - 812 pages
...preference, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended...recover the property or its value from such person. And, for the purpose of such recovery, any court of bankruptcy, as hereinbefore defined, any State... | |
| United States. Supreme Court - 1912 - 840 pages
...preference, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended...recover the property or its value from such person." Opinion of the Court. 225 US To constitute a preference, it is not necessary that the transfer be made... | |
| 1902 - 2074 pages
...the creditor receiving or to be benefited by the preference, or his agent acting therein, shall have had reasonable cause to believe that it was intended...recover the property or its value from such person. Under the provisions of this clause, a creditor who in bad faith has received a preference cannot withhold... | |
| 1904 - 1148 pages
...preference, and the person receiving it or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended...recover the property or Its value from such person. * * *" Since this amendment, in order to deprive the creditor of the right to prove his claim against... | |
| 1907 - 2136 pages
...57g, provides that, if a bankrupt shall have given a preference and the person receiving it shall have had reasonable cause to believe that it was intended thereby to give a preference, it Aall be voidable by the trustee. The bankrupt was insolvent when he •-•xecuted the mortgages and... | |
| 1902 - 1128 pages
...months, and "the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference." it has been decided in Pennsylvania cases cited in note "d," Purd. Dig. p. 831, pi. 29, that the debtor... | |
| 1906 - 1052 pages
...pre-existing indebtedness to them, respectively, and when so given the appellants (mortgagees) had no reasonable cause to believe that it "was intended thereby to give a preference," and that the bankrupt was then solvent in fact Upon the testimony and report so filed, exceptions on... | |
| 1907 - 2094 pages
...shall have had rea^ sonitble cause to believe that It was intended thereby to give a preference, il shall be voidable by the trustee, and he may recover the property, or iti value, from such person." Tt is the opinion of the court that the words "such person" refei either... | |
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