Gilmore v. Gilmore
Supreme Judicial Court of Maine
In Equity. This case was before the Court as reported in vol. 36, p. 544, and now comes up again on exceptions to tbe report of the master, and for instructions by the receiver then appointed by the Court.
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In Equity. This case was before the Court as reported in vol. 36, p. 544, and now comes up again on exceptions to tbe report of the master, and for instructions by the receiver then appointed by the Court. The charge in the original bill was, that Martin Gilmore, one of the defendants and co-partner with plaintiff, having possession of certain notes described against one Pendleton, the property of tbe firm, transferred arid delivered them to Patterson, another defendant, for the purpose of deriving benefit therefrom, personally, and with the design of defrauding plaintiff and creditors of the…
1Opinion of the CourtRice, J.
This case is now before us on exceptions to the master’s report.
At the original hearing of the case in Penobscot County, the question of fraud and collusion between Martin Gilmore and Patterson, was distinctly before the Court, and all the evidence which the parties produced, bearing upon that question,^ considered by the Court. As the law then stood, the Judge before whom the trial was had, was authorized to decide all matters of fact arising in the case. The burden of proof to establish fraud was upon the party alleging it. The evidence introduced at that time failed to satisfy the Court of…
2Cited by3 opinions
- Brown v. McKayAppellate Court of Illinois · 1893
- In re JaramilloNew Mexico Supreme Court · 1896
- Quidnick Company v. ChafeeSupreme Court of Rhode Island · 1882