Saunders v. Russell
Massachusetts Supreme Judicial Court
■ Bill in equity, filed June 18, 1897, by the assignees in insolvency of Edward Courtemanche, to set aside a mortgage of personal property made by him to the defendant Russell, to secure him as accommodation indorser upon a note given by Courtemanche to the other defendants, George Hyde and Amasa E. Southworth, copartners under the name of Hyde and South-worth, in payment of Courtemanche’s indebtedness to them, and to restrain Russell from prosecuting an action at law…
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■ Bill in equity, filed June 18, 1897, by the assignees in insolvency of Edward Courtemanche, to set aside a mortgage of personal property made by him to the defendant Russell, to secure him as accommodation indorser upon a note given by Courtemanche to the other defendants, George Hyde and Amasa E. Southworth, copartners under the name of Hyde and South-worth, in payment of Courtemanche’s indebtedness to them, and to restrain Russell from prosecuting an action at law against the plaintiffs for the conversion of all the personal property included in the mortgage. In the Superior Court a…
1Opinion of the CourtHolmes, J.
This is a.bill in equity, brought by the assignees in insolvency of one Courtemanche, to set aside a mortgage as a preference. The case was tried in the Superior Court, and a decree was made for the plaintiffs. It now is here by appeal on the evidence. It presents only questions of fact.
The petition in insolvency was filed on April 16, 1897. The date of the mortgage is March 1,1897. At that time the mortgagor plainly was insolvent, and knew it. Hyde and South-worth, among other creditors, were pressing him, having stopped-giving him credit about January 16. They do not admit knowledge of…
2Cases cited2 opinions
- Peabody v. KnappMassachusetts Supreme Judicial Court · 1891
- Whipple v. BondMassachusetts Supreme Judicial Court · 1895
3Cited by3 opinions
- Jaquith v. DavenportMassachusetts Supreme Judicial Court · 1906
- Eyges v. Boylston Nat. BankDistrict Court, D. Massachusetts · 1923
- Jaquith v. Winnisimmet National BankMassachusetts Supreme Judicial Court · 1902