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

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

DecidedJanuary 5, 1878

StatusPublished

This text of 23 F. Cas. 194 (Stover v. Kennedy) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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]*195the 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]*195the 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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Bluebook (online)

23 F. Cas. 194, 5 Reporter, 136, 1878 U.S. App. LEXIS 1996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stover-v-kennedy-circtedpa-1878.