Legal Opinion

Otis v. Hadley

Massachusetts Supreme Judicial Court

Decided March 15, 1873PublishedCited by 10 opinions

Action by the assignees in bankruptcy of Wales B. Thayer against certain creditors of the bankrupt to recover back the value of property alleged to have been conveyed by him to them with a view to give a fraudulent preference.

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Action by the assignees in bankruptcy of Wales B. Thayer against certain creditors of the bankrupt to recover back the value of property alleged to have been conveyed by him to them with a view to give a fraudulent preference. The declaration alleged that Thayer filed his petition in bankruptcy March 22, 1870 : that on March 4, 1870, he being then insolvent, with a view to give a preference to the defendants, who were then his creditors, and then had reasonable cause to believe him to be insolvent, transferred to them certain of his property which was particularly described in the…

1Opinion of the CourtGray, J.

The bankrupt act of 1867, e. 176, § 35, provides that if any person, being insolvent or in contemplation of insolvency, makes any payment, pledge, assignment, transfer or conveyance of any part of his property, within four months before the commencement of proceedings in bankruptcy, with a view to give a preference to a creditor, the person receiving the same having reasonable cause to believe that the debtor is insolvent, and that the same is made in fraud of the provisions of this act; or any sale, assignment, transfer, conveyance or other disposition of any part of his property, within six…

2Cases cited6 opinions

  1. Walbrun v. BabbittSupreme Court of the United States · 1873
  2. Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
  3. Knowlton v. MoseleyMassachusetts Supreme Judicial Court · 1870
  4. Ammidown v. FreelandMassachusetts Supreme Judicial Court · 1869
  5. Beals v. QuinnMassachusetts Supreme Judicial Court · 1869

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Goodrich v. WilsonMassachusetts Supreme Judicial Court · 1876
  2. Hewitt v. Boston Straw Board Co.Massachusetts Supreme Judicial Court · 1913
  3. French v. MerrillMassachusetts Supreme Judicial Court · 1882
  4. Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
  5. Sweetser v. BatesMassachusetts Supreme Judicial Court · 1875

5 more not listed; retrieve them via the Exa API.

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