Jaquith v. Winnisimmet National Bank
Massachusetts Supreme Judicial Court
Tout by the assignee in insolvency of the joint and separate estates of Henry A. Davis of Boston and Henry C. Hathaway of New Bedford, copartners under the name of Henry A. Davis and Company, for funds and property alleged to have been paid and transferred to the defendant as unlawful preferences voidable under the insolvency laws of the Commonwealth. Writ dated April 1, 1897.' The declaration contained nine counts.
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Tout by the assignee in insolvency of the joint and separate estates of Henry A. Davis of Boston and Henry C. Hathaway of New Bedford, copartners under the name of Henry A. Davis and Company, for funds and property alleged to have been paid and transferred to the defendant as unlawful preferences voidable under the insolvency laws of the Commonwealth. Writ dated April 1, 1897.' The declaration contained nine counts. The first count was for the conversion of nineteen bales of tobacco. The second count was for a payment of $500 made on March 1, 1895, to take up a note due on that date signed by…
1Opinion of the CourtLathkop, J.
The first contention of the defendant is that the plaintiff is not entitled to a verdict on any count. This is based upon the fact that at the time of the conversion of the tobacco mentioned in the first count, and at the time of the payments set forth in the second count, and in the sixth and eighth counts, the legal title to the tobacco and the funds were in the H. A. Davis Corporation, and not in the firm of H. A. Davis and Company, whose assignee in insolvency the plaintiff is. To meet this view of the case the plaintiff contended that the formation of the corporation was a mere scheme or…
2Cases cited23 opinions
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Kellogg v. TompsonMassachusetts Supreme Judicial Court · 1886
- Clarke v. Second National BankMassachusetts Supreme Judicial Court · 1901
- Rand v. HansonMassachusetts Supreme Judicial Court · 1891
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3Cited by3 opinions
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Batchelder v. Home National BankMassachusetts Supreme Judicial Court · 1914
- Brown v. PelonskyMassachusetts Supreme Judicial Court · 1912