Brake v. Callison

Citations

• 129 F. 201
• 63 C.C.A. 359
• 1904 U.S. App. LEXIS 4036

Syllabus

<p>1. Bankruptcy — Act of Bankruptcy.</p> <p>A conveyance of property by a debtor to creditors cannot be charged as an act of bankruptcy, where he had at the time no other creditors.</p> <p>2. Same — Involuntary Proceedings — Who may Maintain.</p> <p>A judgment creditor cannot maintain a petition in bankruptcy against his debtor on an allegation that the latter made a conveyance of property to creditors which constituted an act of bankruptcy before the rendition of the judgment, where it does not appear that the demand on which it was rendered was one provable in bankruptcy, so as to make him a creditor at the time the conveyance was made.</p>