Frohock v. Pattee
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, J., presiding. Case, founded upon § 49, c. 148 of R. S., for aiding and assisting Joseph Pattee, jr., on December 25, 1848, in fraudulently transferring certain real estate, to prevent its attachment by his creditor. The writ was dated on March 27,1852. The defendant put in two special pleas in bar, which are described in the opinion of the Court, together with the rejoinder and issue.
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On Report from Nisi Prius, Appleton, J., presiding. Case, founded upon § 49, c. 148 of R. S., for aiding and assisting Joseph Pattee, jr., on December 25, 1848, in fraudulently transferring certain real estate, to prevent its attachment by his creditor. The writ was dated on March 27,1852. The defendant put in two special pleas in bar, which are described in the opinion of the Court, together with the rejoinder and issue. On the issue presented by the pleadings, the plaintiff showed by several witnesses that the farm conveyed to defendant, by the debtor of the plaintiff, was worth $1500, when…
1Opinion of the CourtCutting, J.
— This action is founded on R. S., c. 148, § 49, which provides, that “ Any person, who shall knowingly aid or assist any debtor or prisoner, in any fraudulent concealment or transfer of his property, to secure the same •from creditors, and to prevent the seizure of the same by attachment or levy on execution, shall be answerable in a special action on the case, to any creditor who may sue for the same, in double the amount of the property, so fraudulently concealed or transferred; not, however, exceeding double the amount of such creditor’s just debt or demand.”
The plaintiff in substance…
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- Aylsworth v. CurtisSupreme Court of Rhode Island · 1896
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