Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Toof v. Martin Assignee Etc — Opinion of the Court

It is a general principle that every one must be presumed to intend the necessary consequences of his acts. The transfer, in any case, by a debtor, of a large portion of his property, while he is insolvent, to one creditor, without making provision for an equal distribution of its proceeds to all his creditors, necessarily operates as a preference to him, and must be taken as conclusive evidence that a preference was intended, unless the debtor can show that he was at the time ignorant of his insolvency, and that his affairs were such that he could reasonably expect to pay all his debts.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Toof v. Martin Assignee Etc — Opinion of the Court

From what has already been said it is manifest not only that the bankrupts were insolvent when they made the conveyances in controversy, but that the creditors, Toof, Phillips & Co., had reasonable cause to believe that they were insolvent. The statute, to defeat the conveyances, does not require that the creditors should have had absolute knowledge on the point, nor even that they should, in fact, have had any belief on the subject. It only requires that they should have had reasonable cause to believe that such was the fact.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Toof v. Martin Assignee Etc — Opinion of the Court

It is enough to say that it abundantly establishes their hopeless insolvency.
2d. That the conveyances to Toof, Phillips & Co. were made with a view to give them a preference over other creditors hardly admits of a doubt. The bankrupts knew at the time their insolvent condition. A month previous they had made up a balance sheet of their affairs which showed that their assets were insufficient to pay their debts. They had contemplated going into bankruptcy in December previous, and were then pressed by numerous creditors for payment.
Source: Wikisource

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