Hewins v. Baker
Massachusetts Supreme Judicial Court
Bill m equity, filed August 10, 1893, by the assignees in insolvency of the estate of Moody Merrill, to obtain possession of certain policies of insurance, and for the surrender and cancellation of a certain written instrument purporting to transfer to the defendant the policies of insurance, with a view, as alleged, to give a preference in fraud of the insolvent law.
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Bill m equity, filed August 10, 1893, by the assignees in insolvency of the estate of Moody Merrill, to obtain possession of certain policies of insurance, and for the surrender and cancellation of a certain written instrument purporting to transfer to the defendant the policies of insurance, with a view, as alleged, to give a preference in fraud of the insolvent law. Hearing in the Superior Court, before Hammond, J., who reserved the case for the determination of this court, on facts in substance as follows. The defendant had for many years intrusted the insolvent, Moody Merrill, with the…
1Opinion of the CourtMorton, J.
It is not necessary to decide whether the writing signed by Merrill did or did not constitute a valid assignment of the policies to the defendant. Independently of that, there was evidence that Merrill transferred them to her, and that she' received them as collateral security for the notes which ghe held against him. The defendant testified, among other things, that “ he [Merrill] said he would assign them to me; . . . he put them all in my box; . . . he said they were collateral security for all those notes; he said he assigned these policies to me for security for those notes; he told me…
2Cases cited2 opinions
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Norton v. Piscataqua Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873
3Cited by17 opinions
- Mayflower Industries v. Thor Corp.New Jersey Superior Court Appellate Division · 1951
- Mutual Ben. Life Ins. v. SwettCourt of Appeals for the Sixth Circuit · 1915
- Opitz v. KarelWisconsin Supreme Court · 1903
- Herman v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1914
- Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
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