Henry Sonneborn & Co. v. Rhodes

Citations

• 62 S.C. 353

Syllabus

<p>1. Attachment. — An Amendment of a complaint on a debt not due after attachment of property thereunder, does not avoid the attachment.</p> <p>Addison v. Sujette, 50 S. C., 192, distinguished from this.</p> <p>2. Ibid. — Bankruptcy—Bankrupt Act. — Attachment obtained by a creditor within four months before his debtor is declared an involuntary bankrupt, where (1) attachment action was brought without the knowledge of the debtor; (2) the creditor had no knowledge of the insolvency of his debtor; (3) attachment is not predicated on insolvency, but upon attempts of the debtor to conceal and dispose of his property, and (4) the creditor had no reason to believe his debtor contemplated bankruptcy, are not void under subdivision c, of sec. 67 of the bankrupt act of 1898, and that section is construed as an exception to. the general provisions in subdivision f of same section.</p>