Supreme Court of the United States January 18, 1878, 138 (National Bank v. Warren)

Mr. Justice Hunt,

after stating the case, delivered the opinion of the court'.

This action goes upon the theory that the mere non-resistance of a debtor to judicial proceedings against him, when the debt is due and there is no valid defence to it,-is the suffering

*541

and giving a preference under the Bankrupt Act. This theory is expressly repudiated in the .case of

Wilson

v.

City Bank, 17

Wall.