TOOF v. MARTIN


80 U.S. 40 (____)

13 Wall. 40

TOOF ET AL. v. MARTIN, ASSIGNEE, ETC.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. A.H. Garland, for the plaintiffs in error.

Messrs. Watkins and Rose, contra.


Mr. Justice FIELD delivered the opinion of the court.

The bill presents a case within the provisions of the first clause of the thirty-fifth section of the bankrupt act. That clause was intended to defeat preferences to a creditor, made by a debtor when insolvent or in contemplation of insolvency. It declares that any payment or transfer of his property made by him whilst in that condition, within four months previous to the...

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