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
| Encyclopedias and dictionaries - 1899 - 922 pages
...adjudication, and the person receiving it, or to bo 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. "c. If a creditor has been preferred, and afterward in good faith gives the debtor further credit without... | |
| Bankruptcy - 1927 - 1070 pages
...shall then have reasonable cause to believe that the enforcement of such * * * transfer would effect a preference, it shall be voidable by the trustee and he may recover tlio property or its Value from such person." If this suit had boon brought by the trustee of the estate... | |
| William Miller Collier - Bankruptcy - 1900 - 918 pages
...adjudication, 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." It will be seen that there may be a distinction between the character of a preference which will act... | |
| Law reports, digests, etc - 1900 - 1234 pages
...adjudicatlou, 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 shall be voidable by tbe trustee, and he may recover the property or its value from such person." It is fair to the plaintiff... | |
| American Bar Association - Bar associations - 1900 - 692 pages
...preference was intended." The amendment would make the creditor surrender his preference only in case he " had reasonable cause to believe that it was intended thereby to give a preference." 2. That section 23 and section 2 (7) be modified, either by the repeal of section 23i entirely and... | |
| Roger Foster - Courts - 1901 - 880 pages
...adjudication, 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." n " (d) If a debtor shall, directly or indirectly, in contemplation of the filing of a petition by... | |
| Appellate courts - 1901 - 820 pages
...adjudication, 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." Paragraph (c), section 60, provides: "If a creditor has been preferred, and afterwards In good faith... | |
| New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1901 - 776 pages
...adjudication, 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...by the trustee, and he may recover the property or ita value from such person." It will be seen, therefore, that actual belief or knowledge by the person... | |
| Appellate courts - 1901 - 822 pages
...have had reasonable causeto believe that it was Intended thereby to give a preference, it s''.:ill be voidable by the trustee, and he may recover the property or its value from such person." "Insolvency," as employed in this section, is thus defined by the act (chapter 1, ยง 1, cl. 15): "A... | |
| United States. Supreme Court - Law reports, digests, etc - 1901 - 648 pages
...preference " 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." In other words, it is contended that the quoted words should be read into subdivision (a) from subdivision... | |
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