Tumlin v. Bryan

Citations

• 165 F. 166
• 21 L.R.A.N.S. 960
• 1908 U.S. App. LEXIS 4735

Syllabus

<p>1. Bankruptcy (§ 167*) — Voidable Preference — Suit to Recover.</p> <p>In a suit by the trustee in bankruptcy of a partnership to recover payments made to a creditor as a preference, to authorize a recovery, it must be shown that the firm and the partners also were insolvent when the payments were made.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 167.*]</p> <p>2. Bankruptcy (§ 166*) — Voidable Preference — Intent of Debtor.</p> <p>To render a payment made by a bankrupt to a creditor voidable as a preference under Bankr. Act July 1, 1898, § 60b, c. 541, 30 gtat. 562 (U. S. Comp. St. 1901, p. 3445), it must appear that it was in fact intended to give a preference, and that the creditor had reasonable cause to believe that it was so intended; and mere suspicion or. slight proof is not sufficient.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. 'Dig. §§ 250, 252; Dec. Dig. § 160.*]</p>