4 F. Supp. 708 - In Re Hirsch’s Empirical Analysis

Citation profile

5 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There are two classes of transfers under the act: (1) Those which have been entered into with actual fraudulent intent. (2) Those where, from the terms of the agreement or the nature of the transaction itself, the fraudulent intent is presumed to exist as an inference of law. “In the one class the fraudulent intent is always a question of fact, and in the other it is a question of law. Thus if one who is insolvent makes a voluntary transfer of his property, receiving no valuable consideration therefor, the law will infer the intent, even though he may have made the transfer with an honest motive. In such eases no evidence of intention can be received to change that presumption. Such a conveyance necessarily operates to hinder, delay, or defraud the creditors, and the grantor will in such a ease be presumed to intend the natural and necessary consequences of his acts.” See, also, In re Finder (C. C. A.) 61 F.(2d) 960 ; In re Richter (C. C. A.) 57 F.(2d) 159 ; Bailey v. Ross (C. C. A.) 53 F.(2d) 783 ; and In re Hirsch (D. C.) 4 F. Supp. 708 . In the present ease there was a voluntary transfer of property with no benefit or return consideration to the bankrupt’s estate. The only conclusion to be drawn therefrom is that the bankrupt intended to hinder, delay, and defraud his creditors.”

   1 later decision quote this exact passage · from the majority
   e.g. 6 F. Supp. 957 - In Re Beckman