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 2931905Full view - About this book
| Law reports, digests, etc - 1913 - 1068 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...he may recover the property or its value from such persons." This amendment obviates the necessity of proving (1) the existence of the debtor's intent... | |
| Law reports, digests, etc - 1913 - 1148 pages
..."and the person receiving it, or to be benefited thereby, or his agent acting therein, shall then have reasonable cause to believe that it was intended thereby...preference, it shall be voidable by the trustee." If Naftalin was insolvent at the time of the transfer here in issue so that he could not pay his creditors... | |
| Law reports, digests, etc - 1907 - 1070 pages
...preference as follows : "If the bankrupt shall have given a preference, and the person receiving it * • * shall have had reasonable cause to believe that it...intended thereby to give a preference It shall be avoidable by the trustee." Undoubtedly the conveyance by the bankrupt of his stock of goods by the... | |
| Law reports, digests, etc - 1908 - 1060 pages
...substance, that if a bankrupt shall have given a preference, and the person receiving it, etc., shall have reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable, and subdivision "e" of section 67, which provides, in substance, that conveyances, transfers, etc.,... | |
| Ralph Stanley Bauer, Essel Ray Dillavou - Commercial law - 1925 - 1086 pages
...allowance of a claim, must have been a voidable one, and to be voidable the person receiving it must have had reasonable cause to believe that it was intended thereby to give a preference. I agree with the referee that Cohen is not shown to have had such knowledge of Greenberger's business... | |
| Citrus fruits - 1925 - 798 pages
...tnistee to show that the person receiving it, or to be bcnefitted thereby, or his agent acting therein had reasonable cause to believe that it was intended thereby to give a preference. Lacking proof of such cause of belief, a transaction of this nature is not voidable under those provisions... | |
| Law reports, digests, etc - 1911 - 1050 pages
...§ 60b, 30 Stat 562 (US Comp. St. 1001, p. 3445), which makes a preference voidable If the creditor "or his agent acting therein shall have had reasonable cause to believe" that a preference was Intended, states the whole law on that subject, and It Is Immaterial how or when the... | |
| Law reports, digests, etc - 1926 - 1242 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...recover the property or its value from such person." If this suit had been brought by the trustee of the estate of the Home Grocery Company, the bankrupt,... | |
| Bancroft-Whitney Company - Code pleading - 1926 - 1108 pages
...thereby to give a preference;15 that the person to whom the transfer or payment was made had at the time reasonable cause to believe that it was intended thereby to give a preference;16 and that as a result thereof the creditor to whom it was made obtained a preference over... | |
| Law - 1903 - 542 pages
...is required. (6) If a bankrupt shall have given a preferencc,and the person receiving it, or to be benefited thereby, or his agent acting therein, shall...recover the property or its value from such person. And, for the purpose of such recovery, any court of bankruptcy, as hereinbefore defined, and any state court... | |
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