In re Gilroy & Bloomfield

Citations

• 140 F. 733
• 1905 U.S. Dist. LEXIS 108

Syllabus

<p>1. Bankruptcy — Order to Surrender Property — Sufficiency oe Proof.</p> <p>It is only in clear cases, in which tbe proof is decisive, that a court of bankruptcy is justified in making a peremptory order requiring a third person to surrender property as assets of a bankrupt’s estate, and such an order will not be made, where such person denies the receipt of the property and the only evidence to establish that fact is the testimony of interested witnesses, unsupported by documentary or corroborative proof.</p> <p>2. Same — Evidence Considered.</p> <p>Evidence considered, and held to fully establish the existence of a scheme, participated in by an alleged creditor of an insolvent firm and her attorney and others, to secure a preference to such creditor in anticipation of the firm’s bankruptcy, and in pursuance of which, under advice of the attorney, the greater part of the firm assets were removed and disposed of or concealed, in fraud of its creditors; but such evidence held not sufficiently clear and decisive as to the disposition made of such property or its proceeds to warrant a summary order requiring the attorney to surrender the same to the firm’s receiver in bankruptcy.</p>