Page v. Rogers, 211 U.S. 575 (1909)

Page v. Rogers

No. 39

Argued December 3, 4, 1908
Decided January 4, 1909
211 U.S. 575

APPEAL FROM THE UNITED STATES CIRCUIT

COURT OF APPEALS FOR THE SIXTH CIRCUIT

Syllabus

Where two courts have concurred in findings of fact in a suit in equity, this Court will accept those findings unless clear error is shown. Dun v. Lumbermen’s Credit Association, 209 U.S. 20.

A partner cannot be considered as solvent individually, as distinct from his firm which is insolvent, when he is practically the only partner, and his associate, although nominally a partner, is in fact only an employee, and a preferential payment made from his individual estate may, under such circumstances, be recovered for the benefit of all his creditors.

A deed unrecorded and placed in escrow more than four months before bankruptcy and delivered within that period held, under the circumstances of this case, to be a preferential payment within the meaning of the bankruptcy law.

The amount of fees to which counsel for the trustee in bankruptcy is entitled is a matter for the bankruptcy court, and, in this case, this Court will not interfere with the amount fixed.

149 F. 194 affirmed on these points.

One compelled to surrender a preferential payment is entitled to prove his claim and receive dividends equally with other creditors, Keppel v. Tiflin Savings Bank, 197 U.S. 356, and where the suit is in the bankruptcy court and it is practicable, as in this case, to ascertain the amount of the dividend to which he will be entitled, it can be fixed and deducted from the amount which he is compelled to surrender.

149 F. 194 reversed solely for this purpose.

The facts are stated in the opinion.