139 F. 526 | 2d Cir. | 1905
Question is made as to the sufficiency of the proof that the corporation was insolvent in December, 1902. It is concedéd that its liabilities aggregated $22,347.36. Its assets consisted of $18, deposited in bank, and merchandise, which subsequently sold under levy for $5,000. The appellant does not contend that such merchandise was worth more than $10,600. It also had uncollected book accounts of the face value of $22,000, but of which the manager of the company, who was familiar with the debtors and the accounts and the collections made on them, testified were worth at a fair, valuation about $4,500. This showed a case of insolvency to the extent of over $7,000. The estimate of the manager'is criticised, but no evidence to dispute its accuracy was introduced, nor did the appellant even bring out the items making up the $22,000, nor inquire as to the facts touching the individual debtors on which the witness had based his estimate. A prima facie case of insolvency was made out, and the special master correctly so found.
The important question in the case, to which argument has been more particularly directed, is as to the construction to be given to section 3a, Bankr. Act July 1, 1898, c. 541, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3422, which reads:
“Acts of bankruptcy by a person shall consist of his having: * * * (3) Suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having at least five days before a sale or final disposition of any property affected by such preference vacated or discharged such preference.”
The decree is affirmed.