Gelinas

Gelinas v. Buffum

Good Law
52 F.2d 598·1931 U.S. App. LEXIS 3745
United States Court of Appeals for the Ninth CircuitSeptember 19, 1931No. 6401California2,059 words

Opinion

Lead Opinion

Sawtelle, J.

This proceeding, improperly termed a suit in equity, but in reality an action at law, was brought by the trustee in bankruptcy against the sister of the bankrupt, for the recovery of a money judgment.

.

Omitting the formal parts of the complaint, it is alleged in substance that Henry Bareeloux filed a petition in voluntary bankruptcy and was adjudicated a bankrupt in February, 1927; that the complainant was appointed trustee on March 14,1927; that on August 24, 1926, Henry Bareeloux “purported to sell to defendant,” for $2,000, 35 shares in the United Bank & Trust Company and 138 shares in the Glenn County Bank, subject to mortgages aggregating $13,800; that said shares were of “the reasonable value” of $25,772.50, and that the bankrupt’s equity therein was about $11,972.50; that at the time of the purported sale the bankrupt was insolvent, and contemplating the filing of a petition in bankruptcy; that said purported sale and “transfers were respectively made by said Henry Joseph Bareeloux with intent to defeat, delay, and defraud the creditors of the bankrupt and to conceal his assets from said creditors, and that defendant * • * was aware” of such intent.

As a second cause of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.