Nichols v. Elken

Citations

• 225 F. 689
• 140 C.C.A. 563
• 1915 U.S. App. LEXIS 2132

Syllabus

<p>1. Banksottcy <@=>166—Pkeeebknoks—Insolvency—Notice.</p> <p>Mere suspicion that a debtor was insolvent is not sufficient to charge creditors with notice of insolvency and make the debtor’s payments a preference; but there must be evidence of facts sufficient to put a prudent person on inquiry, which, if pursued would show insolvency.</p> <p>[Ed. Note.—For other eases, see Bankruptcy, Cent. Dig. §§ 250-253, 255 -258; Dec. Dig. <@=>100.]</p> <p>2. Appeal and Ebbob <@=>1009—Review—Finding of Chanoellob.</p> <p>When the chancellor has considered conflicting evidence, and made his findings and decrees thereon, they are presumptively correct, and unless an obvious error of law or some serious mistake in the consideration of the otidence appears the findings must stand.</p> <p>[Ed. Note.—For other eases, see Appeal and Error, Cent. Dig. §§ 3970-3978; Doe. Dig. <@=>1009.]</p> <p>other casos see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>