Morgan v. Abbott
Massachusetts Supreme Judicial Court
Tort by the assignee of an assignee in insolvency, to recover money paid by the insolvent debtor to a creditor in fraud of the insolvency laws.
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Tort by the assignee of an assignee in insolvency, to recover money paid by the insolvent debtor to a creditor in fraud of the insolvency laws. Writ dated October 17, 1887. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to show that, on December 27, 1886, the American Carpet Lining Company conveyed certain personal property to the defendant, who realized the moneys in question therefrom, on account of a pre-existing debt due from it to him with a view to give a preference to the defendant, who at the time had reasonable cause to believe that the company…
1Opinion of the CourtC. Allen, J.
In the ordinary case of a fraudulent conveyance, which may be avoided by creditors, an assignee in insolvency of the grantor, having the right to elect whether to avoid or affirm it, must distinctly manifest his election to avoid it before he can transfer to a third person his right to contest its validity. Freeland v. Freeland, 102 Mass. 475. Tuite v. Stevens, 98 Mass. 305. The same rule should apply to the case of a preference, or of a conveyance made with a view to prevent the property from' coming to the assignee, which the assignee might avoid, under the Pub. Sts. c. 157, §§ 96, 98.…
2Cases cited2 opinions
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
- Tuite v. StevensMassachusetts Supreme Judicial Court · 1867
3Cited by6 opinions
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Lewis v. First National BankOregon Supreme Court · 1904
- Robins, Fry & Co. v. WootenSupreme Court of Alabama · 1900
- In re DowningDistrict Court, N.D. New York · 1912
- Hoar v. TildenMassachusetts Supreme Judicial Court · 1901
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