Brinkley v. Smithwick

Citations

• 126 F. 686
• 1903 U.S. Dist. LEXIS 55

Syllabus

<p>1. Bankruptcy — Pleading—New Matter — Replication.</p> <p>Where an alleged bankrupt answered the petition and alleged new matter, in that the amount he had received from the sale of his goods, which the petition alleged as the act of bankruptcy, he had used in paying off certain of his debts, such allegation, in the absence of a replication, must be taken as true.</p> <p>2. Same — Preference.</p> <p>Where an answer to an involuntary bankruptcy petition admitted that the bankrupt owed debts which he was unable to pay, and that he had transferred his property for cash, and had applied the proceeds in payment of some of his debts, such answer constituted an admission that the bankrupt had preferred some of his creditors over others, which constituted an act of bankruptcy.</p> <p>8. Same — Insolvency—Admission—Surplusage.</p> <p>Where a bankrupt admitted his insolvency in his answer to an involuntary bankruptcy petition, his willingness to be adjudged a bankrupt on that ground, as authorized by Bankr. Act, July 1, 1898, c. 541, § 3, subsec. 5, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3422], may be inferred.</p> <p>4. Same — Reservation of Rights.</p> <p>Where an alleged involuntary bankrupt admitted his insolvency in his answer, his reservation of a right to move to dismiss the proceedings for irregularities and want of notice was too indefinite to be considered.</p>