Drake v. Rice
Massachusetts Supreme Judicial Court
Trustee process. The writ, dated September 13, 1876, described the plaintiff and defendant as of the State of New York. William B. Craft, of Boston, summoned as trustee of the defendant, admitted funds in his hands in the form of a balance of account due the defendant. Percy E. Young, of the State of New York, appeared as claimant of this fund. The defendant was defaulted.
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Trustee process. The writ, dated September 13, 1876, described the plaintiff and defendant as of the State of New York. William B. Craft, of Boston, summoned as trustee of the defendant, admitted funds in his hands in the form of a balance of account due the defendant. Percy E. Young, of the State of New York, appeared as claimant of this fund. The defendant was defaulted. At the trial between the plaintiff and the claimant in the Superior Court, before Pitman, J., without a jury, the claimant introduced evidence tending to show that, during the transactions out of which the claim of the…
1Opinion of the CourtGray, C. J.
The St. of 13 Eliz. c. 5, declared all gifts or conveyances of goods and chattels, as well as of lands and tenements, made in fraud of creditors, to be void as against them. By the law of England before the American Revolution, as established by decisions of Fortescue, M. R., Lord Hardwicke and Lord Northington, fraudulént conveyances of choses in action, though not specified in the statute, were equally void, but from the nature of the subject the remedy of the creditor must be sought in equity. Taylor v. Jones, (1743) 2 Atk. 600. King v. Dupine, (1744) 2 Atk. 603, note. Horn v. Horn, (1749)…
2Cases cited4 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Hamilton v. RussellSupreme Court of the United States · 1803
- Bayard v. HoffmanNew York Court of Chancery · 1820
- Hopkirk v. RandolphU.S. Circuit Court for the District of Eastern Virginia · 1824
3Cited by11 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Cavadi v. DeYesoMassachusetts Supreme Judicial Court · 2011
- Greene v. JohnstonSupreme Court of Delaware · 1953
- Baxter National Bank v. TalbotMassachusetts Supreme Judicial Court · 1891
- Fryklund v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
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