Eagen v. Lazarus

Third Circuit

Eagen v. Lazarus

209 F. 1004, 126 C.C.A. 665, 1914 U.S. App. LEXIS 1984

CourtCourt of Appeals for the Third Circuit

DecidedJanuary 17, 1914

DocketNo. 1803

StatusPublished

This text of 209 F. 1004 (Eagen v. Lazarus) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eagen v. Lazarus, 209 F. 1004, 126 C.C.A. 665, 1914 U.S. App. LEXIS 1984 (3d Cir. 1914).

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Opinion

PER CURIAM.

This is an action by a trustee in bankruptcy to set aside

a preferential transfer of property. It was brought in equity, instead of at [1005]*1005law, because a transfer of real estate was involved, and the trustee proceeded upon the theory that a reconveyance might be necessary as a part of the relief. In view of the admissions made by the plaintiff in error, we need not recount the facts. He concedes that in' effect a preferential payment of $500 was made, and (in order to avoid further litigation) he also states that he has no objection to a decree being entered for that sum. This relieves us from discussing the case, for we agree that this amount is the proper measure of his liability. We therefore direct that the decree below be so modified as to order James Eagen to pay to the trustee, within a reasonable time to be fixed by the District Court, the sum of $500, with interest from October 18, 1911. And we further direct that the costs of this court be paid by the bankrupt estate, and that the costs below be divided equally between the estate and James Eagen.

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PER CURIAM.

This is an action by a trustee in bankruptcy to set aside

a preferential transfer of property. It was brought in equity, instead of at [1005]*1005law, because a transfer of real estate was involved, and the trustee proceeded upon the theory that a reconveyance might be necessary as a part of the relief. In view of the admissions made by the plaintiff in error, we need not recount the facts. He concedes that in' effect a preferential payment of $500 was made, and (in order to avoid further litigation) he also states that he has no objection to a decree being entered for that sum. This relieves us from discussing the case, for we agree that this amount is the proper measure of his liability. We therefore direct that the decree below be so modified as to order James Eagen to pay to the trustee, within a reasonable time to be fixed by the District Court, the sum of $500, with interest from October 18, 1911. And we further direct that the costs of this court be paid by the bankrupt estate, and that the costs below be divided equally between the estate and James Eagen.

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Bluebook (online)

209 F. 1004, 126 C.C.A. 665, 1914 U.S. App. LEXIS 1984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eagen-v-lazarus-ca3-1914.