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1 - Badges of Fraud

Published online by Cambridge University Press:  05 May 2022

Douglas G. Baird
Affiliation:
University of Chicago
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Summary

The Statute of 13 Elizabeth originally appeared merely to prohibit a debtor from fraudulently conveying assets in order to defeat creditors, but it served as the fountainhead of many important principles in American commercial law. Chapter 1 shows how this law came to be applied to negotiations among creditors and their common debtor. This chapter explores how it operated in the wake of the financial failure of Robert Morris at the end of the eighteenth century. Robert Morris had been one of the richest and most prominent men in the country, but he failed spectacularly and pulled many other once successful merchants down with him. This financial catastrophe drew parties to the courthouse, where the judges began with first principles.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Badges of Fraud
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.002
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  • Badges of Fraud
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Badges of Fraud
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.002
Available formats
×