ADAMS v. CITY BANK & TRUST CO. OF MACON, GA.

No. 9655.

115 F.2d 453 (1940)

ADAMS v. CITY BANK & TRUST CO. OF MACON, GA. In re GENERAL BOX CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1940.


Attorney(s) appearing for the Case

T. Baldwin Martin, of Macon, Ga., for appellant.

A. O. B. Sparks and Charles M. Cork, both of Macon, Ga., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This appeal presents the question: Does a bill of sale conveying personal property to secure an indebtedness simultaneously created become a preference voidable in bankruptcy, when subsequently recorded while the debtor is insolvent and within four months before the filing of the petition in bankruptcy, the creditor having reason to believe, at the date of filing for record, that the debtor is insolvent?

There is no claim of fraud involved...

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