483. Money Stolen, Bailed or Loaned, Insolvency, Gifts.—Property stolen by A. or left with him as bailee to be returned in specie, can not be given away by him for charity. Also, when a man is insolvent he has no right to give away any of his property.[845] That has been the rule of law since Coke laid down the maxim: “A man must be just before he is generous.” One is insolvent when his debts exceed the value of his unexempt property.[846] When an insolvent debtor makes a gift, a creditor may sue and recover from the donee; or in a proper case the creditor may force the debtor into bankruptcy to recover the gift.[847] The want of knowledge or good faith of the donee is immaterial and no defense to an action to recover the property.[848]
Index
The References Are To The Sections.
A
Abandoned cemetery, [449];
property reverts, [295].
Accepting a draft, officer, [162].
Access to cemetery, right of, [442].