 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 New York Supplement - Page 101904Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1905 - 808 pages
...be benefited thereby, or his agent acting therein, shall hate had reasonable caufc to brlicrc that it was intended thereby to give a preference, it shall...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... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1907 - 930 pages
...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 shall...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... | |
 | 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 - Law reports, digests, etc - 1909 - 812 pages
...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 shall...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 - Law reports, digests, etc - 1912 - 840 pages
...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 shall...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... | |
 | Law reports, digests, etc - 1902 - 2074 pages
...benefited by the preference, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall...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... | |
 | Law reports, digests, etc - 1913 - 1050 pages
...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 shall be voidable by the trustee. The preference, if given, to defeat allowance of a claim, must have been a voidable one, and to be... | |
 | Law reports, digests, etc - 1907 - 2136 pages
...have had reasonable nose to believe that It wa6 intended thereby to give a preference. It shall b* voidable by the trustee, and he may recover the property or its value from roch person. And, for the purpose of such recovery, any court of bankruptcy, as hereinbefore defined,... | |
 | Law reports, digests, etc - 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... | |
 | Law - 1922 - 262 pages
...then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the trustee...recover the property or its value from such person. * * *" Collier on Bankruptcy, 8th Ed., pp. 1 168-9. In Schuette v. Swank,, Receiver, 265 Pa. 576, Mr.... | |
 | Alabama State Bar Association - Bar associations - 1903 - 1078 pages
...his agent acting therein, shall have reasonable cause to believe that it was intended thereby to give preference, it shall be voidable by the trustee, and...recover the property, or its value, from such person." We may properly construe the amended provision, and say: if the creditor had no reasonable cause to... | |
| |
