Peabody v. Knapp
Massachusetts Supreme Judicial Court
Replevin, against the assignee in insolvency of John P. Randall and George H. Randall, copartners, who were adjudged insolvent debtors on March 14, 1890, to recover a stock of furniture mortgaged by them to the plaintiff on February 1, 1890. At the trial in the Superior Court, before Dewey, J., the jury returned a.verdict for the defendant; and the plaintiff alleged exceptions, which, so far as material to the points decided, appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a writ of replevin by a mortgagee of the chattels in question against the assignee in insolvency of the mortgagors. The defence is that the mortgage was a preference. *243The mortgagors were furniture dealers in Haverhill. Their property having been attached, they applied to the plaintiff for some money to pay off the attachment, and to tide them over their present need, telling him that they should want some more money later to carry them through. They then owed the plaintiff two thousand dollars. They told him, as he testified, that they owed about six thousand dollars to others; that…
2Cases cited8 opinions
- Walbrun v. BabbittSupreme Court of the United States · 1873
- Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
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- Alden v. MarshMassachusetts Supreme Judicial Court · 1867
- Stevens v. PierceMassachusetts Supreme Judicial Court · 1888
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3Cited by14 opinions
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