Lothrop v. Highland Foundry Co.
Massachusetts Supreme Judicial Court
Petition in equity to this court, under the Gen. Sts. c. 118, § 16, to stay proceedings in which the court of insolvency had issued a warrant against an insolvent debtor upon the petition of a cl editor, which, was filed September 16, 1878, under the Gen. Sts. e. 118, § 103, and alleged that the debtor on August 31, 1878, made two mortgages of his personal property to secure the payment of preexisting debts to the mortgagees, with intent to secure to them a preference, and…
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Petition in equity to this court, under the Gen. Sts. c. 118, § 16, to stay proceedings in which the court of insolvency had issued a warrant against an insolvent debtor upon the petition of a cl editor, which, was filed September 16, 1878, under the Gen. Sts. e. 118, § 103, and alleged that the debtor on August 31, 1878, made two mortgages of his personal property to secure the payment of preexisting debts to the mortgagees, with intent to secure to them a preference, and to defraud his creditors, the debtor being at the time insolvent and having reasonable cause to believe himself…
1Opinion of the CourtGray, C. J.
The principal question in this case is whether a conveyance by way of preference, made by an insolvent debtor, in contravention of the provisions of the insolvent laws of the Commonwealth, while the recent bankrupt act of the United States was in force, is a sufficient cause for instituting proceedings in insolvency against the debtor since the repeal of the bankrupt act. This question appears to us to be substantially determined by the judgments heretofore delivered by this court as to the effect of the bankrupt act of 1841 upon the insolvent law of 1838.
The first insolvent law of…
2Cases cited1 opinion
- Day v. BardwellMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
- Tua v. CarriereSupreme Court of the United States · 1886
- In re Bruss-Ritter Co.District Court, E.D. Wisconsin · 1898
- Fairbanks v. BelknapMassachusetts Supreme Judicial Court · 1883
- Goldstein v. COLUMBIA DIAMOND RING CO. INC.Massachusetts Supreme Judicial Court · 1975
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