In re Yost

Citations

• 117 F. 792
• 1902 U.S. Dist. LEXIS 106

Syllabus

<p>1. Bankruptcy—Fraudulent Conveyance—Exemption.</p> <p>A bankrupt, while in failing circumstances, disposed of all his valuable assets, receiving a judgment note for part of the consideration. A judgment was entered on the note a few days after it was given, and the judgment was transferred to another on the record. Thereafter the bankrupt made an assignment for the benefit of creditors, and then attempted to discount the judgment so previously assigned, stating to the attempted transferee that he was afraid the original transfer would not stand, and that, while the assignee of the judgment had paid over the money, it was withheld so that if the bankrupt’s creditors got hold of it it was to be refunded, otherwise the bankrupt was to have it. Held, that the original transfer of the judgment was fraudulent and void as to creditors of the bankrupt, and hence he was not entitled to his state exemption.</p>