McNulty v. Wiesen

Citations

• 130 F. 1012
• 1904 U.S. Dist. LEXIS 287

Syllabus

<p>1. Pleading — Scandal.</p> <p>Scandal in a pleading consists of an unnecessary allegation bearing cruelly on the moral character of an individual, or stating matter contrary to good manners, or unbecoming the dignity of the court to hear.</p> <p>2. Same — Bankruptcy—Conveyances—Vacation—Pleas.</p> <p>In an action by a bankrupt’s trustee to set aside a transfer of certain book accounts less than four months before the assignor was adjudicated a bankrupt, a plea alleging that the purchase was made by defendants without any intent or thought on their part to hinder, delay, or defraud the bankrupt’s creditors, or any of them, was neither scandalous nor impertinent; since under Bankr. Act, July 1, 1898, c. 541, § 67e, 30 Stat. 564 [ü. S. Comp. St. 1901, p. 3449], the burden was on defendants to show that they were purchasers in good faith for a present, fair consideration.</p> <p>3. Same — Averment of Consideration.</p> <p>Where a bill by a trustee in bankruptcy to set aside a conveyance of book accounts by the bankrupt alleged that the accounts were assigned without a present, fair consideration, and that no money was paid for the transfer, an answer, which was responsive to the bill and alleged that defendants paid a present, fair, and adequate consideration in cash, was sufficient, without setting forth in detail all the circumstances connected with the facts alleged in the answer.</p> <p>T1. See Pleading, vol. 39, Cent. Dig. § 46.</p>