In re Herman

Citations

• 207 F. 594
• 1913 U.S. Dist. LEXIS 1329

Syllabus

<p>1. Bankruptcy (§ 340*)—Proof of Claims—Sufficiency of Evidence.</p> <p>Tiie making of an alleged loan to one wlio subsequently became a bankrupt could be disproved by the circumstances of tbe transaction and other circumstances, without any direct evidence contradictory of the testimony of the bankrupt, his wife, and the claimant, that the loan was made.</p> <p>[Ed. Note.—For other cases, see Bankruptcs', Cent. Dig. § 527; Dec. Dig. § 340.*]</p> <p>2. Bankruptcy (§ 340*)—Claims'—Presumptions—Destruction of Evidence.</p> <p>The destruction by a bankrupt’s wife and his mother-in-law of letters between them concerning an alleged loan by the mother-in-law to the bankrupt might be considered as an admission that their contents were unfavorable to the claim that the loan was made.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 527; Dec. Dig. § 340.*]</p> <p>3. Bankruptcy (§ 161*)—Voidable Preferences—Effect • of Prior Agreement.</p> <p>Under Bankr. Act July 1, 1S9S, c. 541, § 60b, 30 Stat. 562 (U. S. Comp. St. 1901, p. 3445), as amended by Act June 25. 1910, c. 412, § 11, 36 Stat. 842 (U. S. Comp. St. Supp. 1911, p. 1506). providing that if a bankrupt shall have made a transfer, and if at the time of the transfer and within four months before the filing of the petition the bankrupt is insolvent, and the transfer operates as a preference, and if the person receiving it or to be benefited thereby shall have reasonable cause to believe that the enforcement of such transfer would effect a preference, it shall be voidable by the trustee, a chattel mortgage given to secure an antecedent indebtedness was voidable, if the other essentials of a voidable preference were present, even though it was given pursuant to an agreement to give it, made when the indebtedness was contracted.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 261-263; Dec. Dig. § 161.*]</p> <p>4. Bankruptcy (§ 166*)—Voidable Preferences—Intent of Parties.</p> <p>Under Bankr.