Stover v. Kennedy

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

Stover v. Kennedy

23 F. Cas. 194, 5 Reporter, 136, 1878 U.S. App. LEXIS 1996

U.S. Circuit Court for the District of Eastern Pennsylvania·Decided January 5, 1878·Published

Opinion

THE COURT

(McKENNAN, Circuit Judge, and CADWALADER, District Judge)

held that there having been an agreement to give a judgment to secure the loan at tbe time the loan was made, and the warrant to confess said judgment having been omitted by mistake, it was not a fraud upon the provisions of [195] the bankrupt act to carry out the terms of the contract, even after the circumstances of the debtor had become involved, and that the judgment should'not be set aside; and further, that the issue of execution on the said judgment was not a fraudulent procurement of execution within the meaning of the act.

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THE COURT

(McKENNAN, Circuit Judge, and CADWALADER, District Judge)

held that there having been an agreement to give a judgment to secure the loan at tbe time the loan was made, and the warrant to confess said judgment having been omitted by mistake, it was not a fraud upon the provisions of [195] the bankrupt act to carry out the terms of the contract, even after the circumstances of the debtor had become involved, and that the judgment should'not be set aside; and further, that the issue of execution on the said judgment was not a fraudulent procurement of execution within the meaning of the act.

Stover v. Kennedy, 23 F. Cas. 194, 5 Reporter, 136, 1878 U.S. App. LEXIS 1996 (circtedpa 1878).

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