In re Ewing

Second Circuit

In re Ewing

115 F. 707, 53 C.C.A. 289, 1902 U.S. App. LEXIS 4241

CourtCourt of Appeals for the Second Circuit

DecidedApril 22, 1902

DocketNos. 127, 128

StatusPublished

Cited by1 cases

This text of 115 F. 707 (In re Ewing) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Ewing, 115 F. 707, 53 C.C.A. 289, 1902 U.S. App. LEXIS 4241 (2d Cir. 1902).

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Opinion

PER CURIAM.

We are of the opinion that the demurrer to the petition for the adjudication of Ewing as a bankrupt should have 'been sustained because the petition omits to aver that any of the payments alleged to have been made by Ewing, the alleged bankrupt, to Bouvier, were made with intent to prefer Bouvier over his other creditors. We are also of the opinion that the averments in the petition of facts intended to show that the debt of Ewing to one of the petitioners was fraudulently contracted were impertinent, and should have been stricken out. The questions seem too clear to require discussion. '

The order overruling the demurrer is reversed, with costs, and with instructions to the court below to- make an order sustaining the demurrer, and, at its discretion, authorizing an amendment of the petition.

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PER CURIAM.

We are of the opinion that the demurrer to the petition for the adjudication of Ewing as a bankrupt should have 'been sustained because the petition omits to aver that any of the payments alleged to have been made by Ewing, the alleged bankrupt, to Bouvier, were made with intent to prefer Bouvier over his other creditors. We are also of the opinion that the averments in the petition of facts intended to show that the debt of Ewing to one of the petitioners was fraudulently contracted were impertinent, and should have been stricken out. The questions seem too clear to require discussion. '

The order overruling the demurrer is reversed, with costs, and with instructions to the court below to- make an order sustaining the demurrer, and, at its discretion, authorizing an amendment of the petition.

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Bluebook (online)

115 F. 707, 53 C.C.A. 289, 1902 U.S. App. LEXIS 4241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ewing-ca2-1902.

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