Giddings v. Sears
Massachusetts Supreme Judicial Court
Bill rs equity, under the Gen. Sts. c. 113, § 2, cl. 11, by the members of the firm of Giddings & Torrey, creditors of the first named defendant, against Richard W. Sears, Eben Sears and Adelaide L. Sears, to set aside certain conveyances of the property of Richard to Eben, which was afterwards conveyed by Eben to Adelaide.
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Bill rs equity, under the Gen. Sts. c. 113, § 2, cl. 11, by the members of the firm of Giddings & Torrey, creditors of the first named defendant, against Richard W. Sears, Eben Sears and Adelaide L. Sears, to set aside certain conveyances of the property of Richard to Eben, which was afterwards conveyed by Eben to Adelaide. The prayer of the bill was that the conveyances might be declared void, and that the property might be applied to the payment of the debt of Richard to the plaintiffs. The case was reserved by Endicott, J., for the consideration of the full court, upon the bill, answers…
1Opinion of the CourtEndicott, J.
The only question presented for decision upon the facts found by the master is whether the conveyance to Eben Sears by his brother Richard was merely a preference at common law, and made for the sole purpose of securing the debt to Eben, or for the purpose, and with the intent of hindering, delaying and defrauding the other creditors of Richard, in which both grantor and grantee participated.
It appears by the master’s report, that when the conveyance was made the liabilities of the firm of E. & R. W. Sears were about $92,000. The assets of the firm consisted of certain property amounting to…
2Cited by23 opinions
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Cosmopolitan Trust Co. v. S. L. Agoos Tanning Co.Massachusetts Supreme Judicial Court · 1923
- Cohen v. LevyMassachusetts Supreme Judicial Court · 1915
- Mason v. WyldeMassachusetts Supreme Judicial Court · 1941
- Priest v. BrownCalifornia Supreme Court · 1893
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