Mowry v. Reed
Massachusetts Supreme Judicial Court
Tort by the assignee in bankruptcy of the estate of Frank E. Reed of Athol, against the wife of the bankrupt, for $3,500 alleged to have been placed fraudulently by the bankrupt in the hands of the defendant and by her converted to her own use. Writ dated October 7, 1901. In the Superior Court the case was tried before Maynard, J., who refused to rule that the plaintiff could not maintain his action, and submitted the case to the jury.
Read the full summary
Tort by the assignee in bankruptcy of the estate of Frank E. Reed of Athol, against the wife of the bankrupt, for $3,500 alleged to have been placed fraudulently by the bankrupt in the hands of the defendant and by her converted to her own use. Writ dated October 7, 1901. In the Superior Court the case was tried before Maynard, J., who refused to rule that the plaintiff could not maintain his action, and submitted the case to the jury. The jury returned a verdict for the plaintiff for the full amount claimed; and the defendant alleged exceptions.
1Opinion of the CourtBarker, J.
The main facts concerning the occasion for this action are these: The defendant’s husband for about fourteen years up to the spring of 1897 had kept a hotel, and during that time she had worked constantly and efficiently helping in that undertaking. Upon parting with his interest in the real estate of the hotel at that time he caused the title to a house and lot which he was to have in exchange to be conveyed to his wife, saying that it was her share of the property and that she had worked hard and earned it. The title so placed in her remained until November 23, 1897, when upon the occasion…
2Cases cited2 opinions
- Jaquith v. Massachusetts Baptist ConventionMassachusetts Supreme Judicial Court · 1899
- Jaquith v. RogersMassachusetts Supreme Judicial Court · 1901
3Cited by4 opinions
- American Surety Co. of NY v. MarottaSupreme Court of the United States · 1933
- Gately v. KapplerMassachusetts Supreme Judicial Court · 1911
- Marotta v. American Surety Co. of New YorkCourt of Appeals for the First Circuit · 1932
- Pope v. CantwellDistrict Court, D. Massachusetts · 1913