Gilkerson v. Hamilton

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

Gilkerson v. Hamilton

10 F. Cas. 371

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

DecidedJuly 1, 1882

StatusPublished

This text of 10 F. Cas. 371 (Gilkerson v. Hamilton) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

10 F. Cas. 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilkerson-v-hamilton-circtedar-1882.