Public-domain · open source
OpenJurist

US priority

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 30 U.S. 173 - William Hunter v. The United States · 1831Most cited · 47 citing opinions

cannot be defeated by prior assignment

The assignment under the insolvent law could only take effect from the time it was made. Until the court, in the exercise of their judgment determine that the applicant is entitled to the benefit of the law, and in pursuance of its requisitions he assigns his property, the proceedings are inchoate and do not relieve the party. It is the transfer which vests in the assignee the property of the insolvent, for the benefit of his creditors.

How often courts cite the cases defining “US priority”

18301850190019502000202018

Court decisions citing the 2 opinions that defined “US priority” — 72 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 2 definitions, chronological · 1830–1831

  1. The section refers to state bankrupt laws; and perhaps to a bankrupt law of the United States, when one should pass; but could have no reference whatever to the bankrupt laws of England. Nor does it, in my opinion, refer the right of preference of the United States to an act of bankruptcy unaccompanied by some other act... There must be an assignment, either voluntary or compulsory, or else there can be no assignee to be made liable to the United States under the enacting clause.

    act of legal bankruptcy under § 65