Little, Assignee v. Alexander

Citations

• 88 U.S. 500
• 22 L. Ed. 625
• 21 Wall. 500
• 1874 U.S. LEXIS 1390

Syllabus

<p>1. When the issue to he decided is whether a judgment against an insolvent was obtained with a view to give a preference, the intention of the bankrupt is the turning-point of the case, and all the circumstances which go to show such intent should be considered.</p> <p>2. Hence, when an ordinance of a State gave a preference as to time of trial in the courts in suits on debts contracted after a certain date, and the insolvent debtor gave his son and niece new notes for an old debt, so as to enable them to procure judgments before his other creditors, the fact that the ordinance was void does not repel the inference of intent to give and obtain a preference, and when a judgment was so obtained which gave priority of lien it will to that extent be null and void.</p>