Public-domain · open source
OpenJurist

106 F. 313

Docket No. 845.

In re Green

Pennsylvania Eastern District Court

Decided January 26, 1901.)

Pennsylvania Eastern District Court · decided 1901-01-26

<p>Bankruptcy — -Acts ov Bankruptcy' — Constructive General Assignment.</p> <p>A confession of judgment by a debtor to a trustee for all his creditors amounts to a general assignment for the benefit of creditors, under the law of Pennsylvania, and constitutes an act. of bankruptcy, under Bankr. Act 1898, § 3a, cl. 4.</p>

Cited by 2 later decisions (1 by the Supreme Court) — most recently January 1926

1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

On motion for adjudication · Decided 1901-01-26

View the full empirical analysis of this case →

¶1Bankruptcy — -Acts ov Bankruptcy' — Constructive General Assignment.

¶2A confession of judgment by a debtor to a trustee for all his creditors amounts to a general assignment for the benefit of creditors, under the law of Pennsylvania, and constitutes an act. of bankruptcy, under Bankr. Act 1898, § 3a, cl. 4.

¶3In Bankruptcy.

¶4On motion for adjudication.

¶5Jos. L. Greenwald and Clinton O. Mayer, for creditors.

¶6Henry Williams, for bankrupt.

¶7J. B. McPHEBSON, District Judge.

¶8From the petition and answer, it appears that on December 5, 1900, the bankrupts confessed *314judgment for the sum of $9,248.70 to Philip Silverman as trustee for all their creditors, and that this judgment was entered of record upon December 7th, and an execution issued thereon; the judgment and execution becoming a lien upon all their property. Objection is made to the adjudication upon the ground that the confession of judgment was not a preference, because it was intended to benefit all the creditors alike, in proportion to the respective amounts of their claims. It-may be true that the confession was not a preference; but under the law of Pennsylvania it clearly amounted to a general assignment for the benefit of creditors, and was therefore an act of bankruptcy.

¶9The adjudication will be entered as" prayed. .

/106/f1d/313 · .json · Public domain