Quimby v. Carter
Supreme Judicial Court of Maine
This was a special action of the case upon the 13th section of the statute, c. 195, passed in 1835, for the relief of poor debtors. The cause was tried before Emery J. The writ was dated Sept. 23, 1839. The general issue was pleaded and joined.
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This was a special action of the case upon the 13th section of the statute, c. 195, passed in 1835, for the relief of poor debtors. The cause was tried before Emery J. The writ was dated Sept. 23, 1839. The general issue was pleaded and joined. The plaintiff, to maintain the issue on bis part, introduced a copy of a judgment in his favor, against one Edward T. Hobbs, recovered at the October Term, 1835, of the S. J. Court for the county of Penobscot, for the sum of $288,25, debt, and costs taxed at $6,40; also an alias execution issued on said judgment, dated June 20, 1836, upon which said…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
The right of the plaintiff to maintain this suit depends upon the construction of the thirteenth section of the statute c. 195. By that provision the fraudulent concealment or transfer must be designed to secure or conceal the property from creditors, “ to prevent the same from attachment or execution.” And the person, other than the debtor, who is made liable, must knowingly aid or assist in effecting it. The statute contemplates, that the creditors will be actually defeated in the recovery of their debts wholly or partially, for one cannot recover…
2Cases cited2 opinions
- Cross v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
- Warren v. DoolittleCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by5 opinions
- Plumb v. GriffinSupreme Court of Connecticut · 1901
- Kinzua Lumber Co. v. DaggettOregon Supreme Court · 1955
- Michaud v. City of BangorSupreme Judicial Court of Maine · 1964
- Langdon v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1890
- Wacker v. MertzNorth Dakota Supreme Court · 1919