| Thomas A. Mapes - 1907 - Broj stranica: 496
...effect of the enforcement of the transfer will lie to enable anyone of his creditors to obtain a greater percentage of his debt than any other creditor of the same class: that if a bankrupt shall give a preference within four months before the filing of a petition, and... | |
| United States. Supreme Court - 1909 - Broj stranica: 632
...cases, as the only method of determining whether or not a particular creditor has obtained a greater percentage of his debt than any other creditor of the same class is to ascertain if during a period of insolvency the bankrupts ' estate has been enriched by reason... | |
| 1909 - Broj stranica: 1294
...transfer of his property, the effect of which is to enable the preferred creditor to obtain a greater percentage of his debt than any other creditor of the same class. In actions by a trustee to set aside preferential transfers of property, it is very generally recognized... | |
| Abraham Clark Freeman - 1910 - Broj stranica: 1276
...involvent, and such transfer enables the creditor to whom the same is transferred to obtain a greater percentage of his debt than any other creditor of the same class, such transfer is a preference: Gans v. Ellison, 114 Fed. 734, 52 C. CA 366; Wilson v. Nelson, 183 US 191,... | |
| 1911 - Broj stranica: 982
...in order to constitute it a preference, must be to enable the creditor preferred to obtain a greater percentage of his debt than any other creditor of the same class.— Sellers v. Hayes, 72 NE 119, 163 Ind. 422. FOB CASES FROM OTHEB STATES, SEE 6 CENT. DIG. Bankr. §§... | |
| New York (State). Courts - 1911 - Broj stranica: 748
...facts, viz. : (1) The insolvency of the transferror; (2) the obtaining by one creditor of a greater percentage of his debt than any other creditor of the same class ; (3) the giving of a preference within four months before the filing of a petition in bankruptcy ;... | |
| Melville Madison Bigelow - 1911 - Broj stranica: 854
...It was broadly urged at the bar in a recent the effect of enabling one creditor to obtain a greater percentage of his debt than any other creditor of the same class. See, in addition to sec. 60 already cited, sec. 67 c : A lien created by or obtained in or pursuant... | |
| 1913 - Broj stranica: 1312
...a transfer of his property, the effect of which will be to enable one creditor to obtain a greater percentage of his debt than any other creditor of...preference is voidable at the instance of the trustee, if the person receiving it, or to be benefited thereby, has reasonable cause to believe that it was thereby... | |
| James Smith McMaster - 1909 - Broj stranica: 824
...and it must also be proved (5) that the person receiving the payment, or to be benefited thereby, had reasonable cause to believe that it was thereby intended to give a preference. Bankr. Act, § 60, els. " a " and "b" (Act July i, 1898, c. 541, 30 Stat. 562 [US Comp.... | |
| 1914 - Broj stranica: 1426
...holding to the creation of a preference it is necessary that the preferred creditor obtain a greater percentage of his debt than any other creditor of the same class; John S. Brittain Dry -goods Co. v. Bertenshaw, U8 Kan. 737, 75 Рас. 1027, holding a payment by a... | |
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