Bliss v. Crosier
Massachusetts Supreme Judicial Court
Tort, by the assignee in insolvency of the estate of Isaac N. Faulkner, for the conversion of certain personal property described in a mortgage given by Faulkner to the defendants. Trial in the Superior Court, without a jury, before Maynard, J., who reported the case for the determination of this court, in substance as follows.
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Tort, by the assignee in insolvency of the estate of Isaac N. Faulkner, for the conversion of certain personal property described in a mortgage given by Faulkner to the defendants. Trial in the Superior Court, without a jury, before Maynard, J., who reported the case for the determination of this court, in substance as follows. It appeared in evidence that Faulkner, between October 20, 1891, and May 19, 1892, executed four chattel mortgages covering substantially all his property, including his household effects. On May 19, 1892, Faulkner purchased of the defendants, and took a bill of sale…
1Opinion of the CourtAlleh, J.
1. The plaintiff’s first request for a ruling rested upon the provision in Pub. Sts. c. 157, § 98, that “ if such sale, assignment, transfer, or conveyance is not made in the usual and ordinary course of business of the debtor, that fact shall be prima *502facie evidence of snch cause of belief;” In order to avail himself of this provision, it was incumbent on the plaintiff to make it appear that the transaction was not according to the usual and ordinary course of business of the particular person whose conveyance was the subject of investigation, that is, of Faulkner; not that such transactions…
2Cases cited7 opinions
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Chase v. DennyMassachusetts Supreme Judicial Court · 1881
- Bennett v. BaileyMassachusetts Supreme Judicial Court · 1889
- Alden v. MarshMassachusetts Supreme Judicial Court · 1867
- Bridges v. MilesMassachusetts Supreme Judicial Court · 1890
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