Couts v. Townsend

Citations

• 126 F. 249
• 1903 U.S. Dist. LEXIS 38

Syllabus

<p>1. Bankruptcy — Issues—Determination—Review.</p> <p>A referee’s determination of an issue of fact as to whether an alleged bankrupt, who was a private banker, was also engaged chiefly in farming, would not be reversed on appeal unless the finding was flagrantly against the weight of the evidence.</p> <p>2. Acts of Bankruptcy — General Assignment — Insolvency.</p> <p>The making of a general assignment for the benefit of creditors is an act of bankruptcy, regardless of the debtor’s solvency.</p> <p>3. Persons Liable — Farms—Private Bankers.</p> <p>Bankr. Act July 1, 1898, c. 541, § 4, 30 Stat. 547 [U. S. Comp. St. 1901, p. 3423], provides that any natural person, except a person engaged chiefly In farming, owing debts to the amount of $1,000 or over, may be adjudged an involuntary bankrupt, and shall be subject to the provisions and entitled to the benefits of the act, and that private bankers, but not national banks or banks incorporated under statute or territorial laws, may be adjudged involuntary bankrupts. Held, that where a referee found that, though an alleged bankrupt was a private banker, he was engaged chiefly in farming, a petition to adjudge him an involuntary bankrupt should be denied.</p> <p>1[ 1. Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.</p> <p>f 2. See Bankruptcy, vol. 6, Cent. Dig. § 80.</p> <p>! 3. What persons are subject to bankruptcy law, see note to Mattoon Nat. Bank v. First Nat. Bank, 42 C. C. A. 4.</p>