Rosenthal v. Walker

Citations

• 111 U.S. 185
• 4 S. Ct. 382
• 28 L. Ed. 395
• 1884 U.S. LEXIS 1773

Syllabus

<p>Bankruptcy — Statute of IAmitations — Evidence.</p> <p>Where an action by an assignee in bankruptcy is intended to obtain redress against a fraud concealed by the party, or which from its nature remains secret, the bar of the statute of limitations, Rev. Stat. § 5057, does not begin to run until the fraud is discovered. Bailey v. Glover, 31 Wall. 343, cited and affirmed. Wood v. Carpenter. 101 U. S. 135, and National Bank v. Carpenter, 101 U. S. 567,.distinguished.</p> <p>It is competent, as tending to prove a fraudulent transfer of property in contemplation of bankruptcy, to show a prior valid sale from the bankrupt to the same party, if it can be connected with evidence tending to show a secret agreement by which the bankrupt acquired an interest in the goods sold.</p> <p>Evidence that a letter properly directed was put in the post office is admissible to show presumptively that the letter reached- its destination ; and if the party to whom the letter was addressed denies its receipt, it is for the jury to determine the weight of the presumption.</p> <p>Proof that a bankrupt when being examined respecting his property refuses to answer questions on the ground that the answers might criminate him, as an indictment was pending against him for a criminal offence, under the bankrupt laws, does not so put the assignee on inquiry as to fraudulent transfers of the bankrupt’s property as to deprive him of the benefit of the rule respecting the statute of limitations laid down in Bailey v. Glover, 31 Wall. 343, and affirmed in this case.</p>