|
|
Liberty National Bank v. Bear, 265 U.S. 365 (1924)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Liberty National Bank v. Bear, 265 U.S. 365 (1924)
Liberty National Bank of Roanoke, Virginia v. Bear No. 238 Argued April 25, 1924 Decided May 26, 1924 265 U.S. 365
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
1. To invalidate the lien of a judgment under § 67f of the Bankruptcy Act, he who challenges it must show not only that the judgment was recovered within four months prior to the filing of the petition in bankruptcy, but also, by pleading and proof, that the judgment debtor was insolvent when the lien was obtained. P. 368.
2. Assuming (but not deciding) that an adjudication of the bankruptcy of a partnership necessarily adjudges the partners, as individuals, bankrupt, it raises no presumption that they were insolvent for any period before the petition in bankruptcy was filed. P. 370.
3. Nor does the fact that sales of the property of the partnership and partners, made some months later by the trustee in bankruptcy, did not realize enough to pay for the partnership or individual debts establish that the partners were insolvent at a time anterior to the filing of the bankruptcy petition. Id.
285 F. 703 reversed.
Certiorari to a decree of the circuit court of appeals which reversed a decree of the district court allowing the claims of the above named bank as secured claims in bankruptcy.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Liberty National Bank v. Bear, 265 U.S. 365 (1924) in 265 U.S. 365 265 U.S. 366. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=GMYHZ6WTRPPFVV8.
MLA: U.S. Supreme Court. "Syllabus." Liberty National Bank v. Bear, 265 U.S. 365 (1924), in 265 U.S. 365, page 265 U.S. 366. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GMYHZ6WTRPPFVV8.
Harvard: U.S. Supreme Court, 'Syllabus' in Liberty National Bank v. Bear, 265 U.S. 365 (1924). cited in 1924, 265 U.S. 365, pp.265 U.S. 366. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=GMYHZ6WTRPPFVV8.
|