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In re Paper City Mill Supply Co.

In Re PAPER CITY MILL SUPPLY CO., Inc. Claim of E. J. KELLER CO. Et Al.

In re Paper City Mill Supply Co., 28 F.2d 115 (D. Mass. 1928)
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Court
District Court, D. Massachusetts · Federal District Courts
Decided
July 17, 1928
Docket
No. 38460
Judges
Morton
Citations
28 F.2d 1151928 U.S. Dist. LEXIS 1448

Opinion — Morton

MORTON, District Judge.

It is conceded that the bankrupt was insolvent, and the evidence makes clear that it was deeply insolvent, at the times when the goods in question were bought. As persons in charge of a business are presumed to he aware of its financial condition, in a general way, at least, and to intend the necessary consequences of their acts, purchases on credit under such conditions are presumptively fraudulent. This inference may be overcome by evidence which shows that the transactions in question were entered into in good faith by the buyers, .with a real, though illusory, expectation of making payment. In re Siegal Co. (D. C.) 223 F. 368 ; In re Gurvitz (D. C.) 276 F. 931 ; In re Morrill-Mascot Co. (D. C.) 286 F. 449 .

In the present case the learned referee was satisfied by the evidence that Goldberg and Belsky, who were in charge of the bankrupt’s affairs, acted in good faith. Upon such a question the conclusion of the judge, who sees the witnesses and is in the atmosphere of the case; carries great weight. I am not convinced that his decision was clearly wrong, and his orders must be affirmed. I should have reached the same result, perhaps with rather less hesitation, if he had decided the other way.

Orders affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1941: 11964: 119412026peak 1941 · 1

Relies on it most ⓘ

  1. American Mannex Corporation v. Joe D. Huffstutler, Trustee for Trice Production Company, Bankrupt329 F.2d 449 (5th Cir. 1964)
  2. Freedman v. Brown38 F. Supp. 662 (D. Mass. 1941)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
In re Gurvitz, 276 F. 931 (D. Mass. 1921) 5
In re Henry Siegel Co., 223 F. 368 (D. Mass. 1914) 2
In re Morrill-Mascott Co., 286 F. 449 (D. Mass. 1923) 2

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