Carll v. Emery
Massachusetts Supreme Judicial Court
Contract to recover the proceeds of certain checks indorsed by the plaintiffs to the defendants. Trial in the Superior Court, before Pitman, J., who, after a verdict for the plaintiffs, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
The checks which were indorsed by the plaintiffs to the defendants, for the proceeds of which the defendants agreed to account to them, were so transferred, as the evidence tended to show, with a view to delay and defraud the plaintiffs’ creditors, and of this purpose both parties were cognizant. At a subsequent period the plaintiffs went into insolvency, and sought to avail themselves of the property for the purpose of satisfying their creditors to the extent of its value. For this purpose they demanded the proceeds of the checks of the defendants, who were apprised of the intention of the…
2Cases cited3 opinions
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
- Clinkinbeard v. ClinkinbeardCourt of Appeals of Kentucky · 1860
3Cited by8 opinions
- Wantulok v. WantulokWyoming Supreme Court · 1950
- Murphy v. McKenzieMassachusetts Appeals Court · 1973
- Peters Shoe Co. v. ArnoldMissouri Court of Appeals · 1899
- Dressel v. HanserNew York Supreme Court · 1917
- Pierce v. Le MonierMassachusetts Supreme Judicial Court · 1899
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