MacLeod v. Miller

S.D. New York

MacLeod v. Miller

28 F. Supp. 93, 1938 U.S. Dist. LEXIS 1313

DecidedNovember 25, 1938

StatusPublished

This text of 28 F. Supp. 93 (MacLeod v. Miller) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MacLeod v. Miller, 28 F. Supp. 93, 1938 U.S. Dist. LEXIS 1313 (S.D.N.Y. 1938).

Pincite

Opinion

MANDELBAUM, District Judge,

The motion for a bill of particulars is denied in its entirety. In an action by a trustee in bankruptcy, pursuant to Section 67e of the Bankruptcy Act, 11 U.S.C.A. § 107(e), to set aside a fraudulent transfer, it is not incumbent upon him as part of his cause of action to prove knowledge on the part of the transferee of the bankrupt’s intent to hinder, delay or defraud creditors. Such intent need not be shared by the transferee. Good faith on the part of the transferee is an affirmative defense to be proved by the transferee. Hines Western Pine Co. v. First National Bank, 7 Cir., 61 F.2d 503; Bentley v. Young, D.C., 210 F. 202; affirmed, 2 Cir., 223 F. 536. The allegations of the complaint with respect to which the transferee is seeking information by way of a bill of particulars is merely surplusage and is not part of the cause of action.

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

MANDELBAUM, District Judge,

The motion for a bill of particulars is denied in its entirety. In an action by a trustee in bankruptcy, pursuant to Section 67e of the Bankruptcy Act, 11 U.S.C.A. § 107(e), to set aside a fraudulent transfer, it is not incumbent upon him as part of his cause of action to prove knowledge on the part of the transferee of the bankrupt’s intent to hinder, delay or defraud creditors. Such intent need not be shared by the transferee. Good faith on the part of the transferee is an affirmative defense to be proved by the transferee. Hines Western Pine Co. v. First National Bank, 7 Cir., 61 F.2d 503; Bentley v. Young, D.C., 210 F. 202; affirmed, 2 Cir., 223 F. 536. The allegations of the complaint with respect to which the transferee is seeking information by way of a bill of particulars is merely surplusage and is not part of the cause of action.

Cite This Page — Counsel Stack

Bluebook (online)

28 F. Supp. 93, 1938 U.S. Dist. LEXIS 1313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macleod-v-miller-nysd-1938.

Opinion

Related

Cite This Page — Counsel Stack