Kelly-Buckley Co. v. Cohen
Massachusetts Supreme Judicial Court
Bill in equity in the Superior Court for the county of Suffolk filed July 8, 1905, and amended and a substituted bill filed January 80, 1906. The original plaintiffs, who were creditors of one Cohen, sought to have set aside, because fraudulent as to creditors of Cohen and in violation of St. 1903, c. 415, a sale of certain merchandise in bulk by him to one Virovitz, a mortgage of the merchandise by Virovitz back to Cohen, and an assignment of the mortgage by Cohen to one…
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Bill in equity in the Superior Court for the county of Suffolk filed July 8, 1905, and amended and a substituted bill filed January 80, 1906. The original plaintiffs, who were creditors of one Cohen, sought to have set aside, because fraudulent as to creditors of Cohen and in violation of St. 1903, c. 415, a sale of certain merchandise in bulk by him to one Virovitz, a mortgage of the merchandise by Virovitz back to Cohen, and an assignment of the mortgage by Cohen to one Bloomberg to secure a loan by Bloomberg to Cohen. A receiver of the merchandise was appointed who, in accordance with an…
1Opinion of the CourtHammond, J.
The only question argued before us is whether Bloomberg’s claim shall stand as against the trustee in bankruptcy of Cohen.
Upon this matter the trial judge found the facts to be as follows: “ Morris Cohen was the owner of the stock and fixtures of a retail shoe store on Washington Street. He was in embarrassed circumstances, and fraudulently, with intent to defeat, delay and hinder his creditors, sold his stock and fixtures to his brother in law Virovitz, another defendant, for the sum of $2,500, $500 to be paid in cash and a mortgage for $2,000 given *587as the balance of the purchase money.…
2Cases cited2 opinions
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- Carroll v. HaywardMassachusetts Supreme Judicial Court · 1878
3Cited by14 opinions
- Tilton v. City of HaverhillMassachusetts Supreme Judicial Court · 1942
- Escalle v. MarkNevada Supreme Court · 1919
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Cuneo v. BornsteinMassachusetts Supreme Judicial Court · 1929
- Security National Bank v. General Motors Corp.Massachusetts Supreme Judicial Court · 1963
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