Legal Opinion

Lawrence v. Batcheller

Massachusetts Supreme Judicial Court

Decided October 21, 1881PublishedCited by 9 opinions

Contract, by the assignees in insolvency of M. Frank Paige, for money had and received. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon an agreed statement of facts, in substance as follows: Paige, for more than a year prior to January 30, 1879, was a member of a limited partnership duly formed under the laws of this Commonwealth, and doing business at Boston, under the firm name of M. Frank Paige, of which…

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Contract, by the assignees in insolvency of M. Frank Paige, for money had and received. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon an agreed statement of facts, in substance as follows: Paige, for more than a year prior to January 30, 1879, was a member of a limited partnership duly formed under the laws of this Commonwealth, and doing business at Boston, under the firm name of M. Frank Paige, of which firm he was the general partner, and Laura A. Whitcher was the special partner. In October 1878, the firm and Paige were…

1Opinion of the CourtField, J.

As the attachments were made prior to the time when the assignment in insolvency took effect, and, having been made in other States, were not dissolved by the proceedings in insolvency in this Commonwealth, and were valid by the laws of the States respectively in which .they were made, they must prevail over the assignment, unless the statutes of the Commonwealth make a title so acquired by a citizen of the Commonwealth void or voidable at the election of the assignees in insolvency.

The case at bar is not within the provisions of the Gen. Sts. e. 118, § 89, for, without considering whether…

2Cases cited5 opinions

  1. Green v. Van BuskirkSupreme Court of the United States · 1869
  2. Green v. Van BuskirkSupreme Court of the United States · 1867
  3. King v. . SarriaNew York Court of Appeals · 1877
  4. Moore v. MooreMassachusetts Supreme Judicial Court · 1879
  5. Wright v. HerrickMassachusetts Supreme Judicial Court · 1878

3Cited by9 opinions

  1. Cole v. CunninghamSupreme Court of the United States · 1890
  2. Rabinowitz v. People's National BankMassachusetts Supreme Judicial Court · 1920
  3. Cunningham v. ButlerMassachusetts Supreme Judicial Court · 1886
  4. Ward v. Connecticut Pipe Manufacturing Co.Supreme Court of Connecticut · 1899
  5. King v. CrossSupreme Court of the United States · 1899

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