U.S. Circuit Court for the District of Eastern Arkansas, 1882

Gilkerson v. Hamilton

Gilkerson v. Hamilton
U.S. Circuit Court for the District of Eastern Arkansas · Decided July 1, 1882 · Caldwell, Held
10 F. Cas. 371
Gilkerson v. Hamilton

Opinion of the Court

Held (CALDWELL, District Judge):

X. The payment by the insolvent assignor to his assignee of a just debt, when made at the time of the assignment is a quasi bribe, and a badge of fraud.

2. The omission of schedules to tho assignment, as well as of an inventory, is a badge of fraud.

3. Tlie delivery of the assets to the assignee before he -had qualified himself to take possession, by filing tho inventory and bond, was a fraudulent conveyance.

4. The concealment of the $3,030 was part and parcel of the same transaction as the assignment, and rendered the instrument of assignment fraudulent and void.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.