Gilkerson v. Hamilton

U.S. Circuit Court for the District of Eastern Arkansas

Gilkerson v. Hamilton

10 F. Cas. 371

U.S. Circuit Court for the District of Eastern Arkansas·Decided July 1, 1882·Published

Opinion

Held (CALDWELL, District Judge):

X. The payment by the insolvent assignor to his assignee of a just debt, when made at the time of the assignment is a quasi bribe, and a badge of fraud.

2. The omission of schedules to tho assignment, as well as of an inventory, is a badge of fraud.

3. Tlie delivery of the assets to the assignee before he -had qualified himself to take possession, by filing tho inventory and bond, was a fraudulent conveyance.

4. The concealment of the $3,030 was part and parcel of the same transaction as the assignment, and rendered the instrument of assignment fraudulent and void.

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Held (CALDWELL, District Judge):

X. The payment by the insolvent assignor to his assignee of a just debt, when made at the time of the assignment is a quasi bribe, and a badge of fraud.

2. The omission of schedules to tho assignment, as well as of an inventory, is a badge of fraud.

3. Tlie delivery of the assets to the assignee before he -had qualified himself to take possession, by filing tho inventory and bond, was a fraudulent conveyance.

4. The concealment of the $3,030 was part and parcel of the same transaction as the assignment, and rendered the instrument of assignment fraudulent and void.

Gilkerson v. Hamilton, 10 F. Cas. 371 (circtedar 1882).

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