In re Martin

U.S. Circuit Court for the District of Southern New York

In re Martin

93 F. 990, 1899 U.S. App. LEXIS 3038

CourtU.S. Circuit Court for the District of Southern New York

DecidedMay 11, 1899

StatusPublished

This text of 93 F. 990 (In re Martin) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Martin, 93 F. 990, 1899 U.S. App. LEXIS 3038 (circtsdny 1899).

Pincite

Opinion

BROWN, District Judge.

A debtor having permitted all his stock in trade to be sold under a judgment and execution, and the residue of his property being insufficient to pay his debts, held, upon the issue of' “solvency,” that the “fair valuation” of the goods levied on (Bankruptcy Daw, § 1, subd. 15) must be taken with reference to the actual situation and the liability of the goods to sale under execution; and, if tire sale under execution thereafter had was in all respects a fair and reasonable one, that the debtor was bound by the result as to the valuation of the goods, and could not prove his solvency by higher estimates of their value if they had been free from levy, and sold at retail, or in the ordinary course of business.

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BROWN, District Judge.

A debtor having permitted all his stock in trade to be sold under a judgment and execution, and the residue of his property being insufficient to pay his debts, held, upon the issue of' “solvency,” that the “fair valuation” of the goods levied on (Bankruptcy Daw, § 1, subd. 15) must be taken with reference to the actual situation and the liability of the goods to sale under execution; and, if tire sale under execution thereafter had was in all respects a fair and reasonable one, that the debtor was bound by the result as to the valuation of the goods, and could not prove his solvency by higher estimates of their value if they had been free from levy, and sold at retail, or in the ordinary course of business.

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Bluebook (online)

93 F. 990, 1899 U.S. App. LEXIS 3038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-martin-circtsdny-1899.