Cunningham v. Seavey
Massachusetts Supreme Judicial Court
Tout, in three counts, by the assignee in insolvency of the estate of A. Anderson and Company, to recover property alleged to have been conveyed to the defendant in fraud of the insolvent law, the third count alleging conversion of the proceeds. Trial in the Superior Court, without a jury, before Hardy, J., who allowed a bill of exceptions, in substance as follows.
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Tout, in three counts, by the assignee in insolvency of the estate of A. Anderson and Company, to recover property alleged to have been conveyed to the defendant in fraud of the insolvent law, the third count alleging conversion of the proceeds. Trial in the Superior Court, without a jury, before Hardy, J., who allowed a bill of exceptions, in substance as follows. It appeared that the plaintiff was appointed assignee by the Court of Insolvency for the County of Middlesex on May 23, 1895, upon the petition of creditors of the firm of A. Anderson and Company, filed April 10, 1895; and that the…
1Opinion of the CourtMorton, J.
The assignment made by A. Anderson and Company to the defendant was a conveyance of all their property to him in trust for the benefit of such of their creditors as should become parties to it. It is clear that the assignee in insolvency of Anderson and Company could avoid the assignment, either on the ground that it constituted a preference to the creditors assenting to it, or was made with a view to hinder or delay the operation and effect of the laws relating to insolvency, or to prevent the property from coming to the assignee in insolvency of Anderson and Company. Steel Edge Stamping &…
2Cases cited1 opinion
- Steel Edge Stamping & Retinning Co. v. Manchester Savings BankMassachusetts Supreme Judicial Court · 1895