Carroll v. Hayward
Massachusetts Supreme Judicial Court
Tort for the conversion of personal property, attached by the defendant, a deputy sheriff, as the property of John C. Cosgrove. At the trial in the Superior Court, before Dewey, J., it appeared that Cosgrove had previously sold the property to Michael Bergin, who had mortgaged it to the plaintiff.
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Tort for the conversion of personal property, attached by the defendant, a deputy sheriff, as the property of John C. Cosgrove. At the trial in the Superior Court, before Dewey, J., it appeared that Cosgrove had previously sold the property to Michael Bergin, who had mortgaged it to the plaintiff. The defendant contended that the sale of the property from Cosgrove to Bergip was fraudulent as against the creditors of Cosgrove, and that the mortgage from Bergin to the plaintiff was also made to hinder, delay and defraud the creditors of Cosgrove. The judge instructed the jury that if the sale…
1Opinion of the CourtAmes, J.
The instructions first given at the trial were correct, and in exact conformity to the rules of law applicable to cases of this class. If the jury were satisfied that the sale from Cosgrove to Bergin was in fraud of the creditors of the former, and so intended by both buyer and seller, it was necessary, in order to maintain the defence in this action, to prove that the plaintiff, who derived his title from Bergin, had knowledge of and participated in the fraud. The jury were cautioned to carefully separate the evidence applicable to Cosgrove and Bergin from that applicable to the plaintiff,…
2Cases cited5 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Adams v. CoulliardMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. Van TuylCourt of Appeals of Kentucky · 1858
- Lee v. WallerCourt of Appeals of Kentucky · 1860
3Cited by19 opinions
- Tescher v. MereaIndiana Supreme Court · 1889
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1893
- First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
- Knower v. Cadden Clothing Co.Supreme Court of Connecticut · 1889
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