Brown v. Nealley
Massachusetts Supreme Judicial Court
Tort, for the conversion of certain personal property. Trial in the Superior Court, without a jury, before Braley, J., who ruled that the action could not be maintained; found and ordei’ed judgment for the defendant; and, at the plaintiffs request, reported the case for the determination of this court. If the ruling was right, judgment was to be entered for the defendant ; otherwise, for the plaintiff. The facts appear in the >pinion.
1Opinion of the CourtAllen, J.
The defendant, being embarrassed in his business, made an assignment of his property in trust for the benefit of his creditors. The plaintiff was president of a corporation which was a creditor, and which assented to the terms of the assignment. It was understood at the time of the assignment that the defendant should compromise with his creditors by paying them sixty per cent, instead of the assignment being carried out. The plaintiff obtained from the defendant an agreement to pay him a sum equal to forty per cent of the defendant’s indebtedness to the plaintiff’s corporation, as…
2Cases cited3 opinions
- Dent v. FergusonSupreme Court of the United States · 1889
- Duval v. . WellmanNew York Court of Appeals · 1891
- Huckins v. HuntMassachusetts Supreme Judicial Court · 1885
3Cited by1 opinion
- In Re Sanborn, Inc.United States Bankruptcy Court, D. Massachusetts · 1998