Voorheis v. National Shawmut Bank
Massachusetts Supreme Judicial Court
Tort by the trustees in bankruptcy of the L. W. Taylor Company, a partnership, consisting of Leonard W. Taylor and John H. Barnes engaged in the business of building contractors, to recover the amount of an alleged unlawful preference under the bankruptcy act of 1898, § 60'a, as amended in 1903 and 1910. Writ dated September 5, 1912. In the Superior Court the case was tried before Lawton, J., who at the close of the plaintiffs’ evidence, which is described in the opinion,…
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Tort by the trustees in bankruptcy of the L. W. Taylor Company, a partnership, consisting of Leonard W. Taylor and John H. Barnes engaged in the business of building contractors, to recover the amount of an alleged unlawful preference under the bankruptcy act of 1898, § 60'a, as amended in 1903 and 1910. Writ dated September 5, 1912. In the Superior Court the case was tried before Lawton, J., who at the close of the plaintiffs’ evidence, which is described in the opinion, ruled that the plaintiffs were not entitled to recover and ordered a verdict for the defendant. The plaintiffs alleged…
1Opinion of the Court
Sheldon. J.
This case is here upon the plaintiffs’ exceptions to the ruling made at the trial that upon the declaration and evidence the plaintiffs were not entitled to recover. In our opinion the ruling was right. We cannot find in the record evidence to warrant a finding that the defendant had reasonable cause to believe that the L. W. Taylor Company (hereinafter called the" company) was insolvent when the payment was made to it by that company, or that it had such cause to believe that the payment would effect a preference to it over other creditors of the company.
The defendant, on the…
2Cited by1 opinion
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