Batchelder v. Pierce
Massachusetts Supreme Judicial Court
Tort, by the assignee of the estate of George W. Field, to recover the value of certain goods. The declaration contained two counts, the first of which alleged that the defendant had reasonable cause to believe Field to be insolvent, and that the conveyance was in contravention of the laws relating to insolvency, and was fraudulent and void; and that the plaintiff was entitled to recover from the defendant the value of the property.
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Tort, by the assignee of the estate of George W. Field, to recover the value of certain goods. The declaration contained two counts, the first of which alleged that the defendant had reasonable cause to believe Field to be insolvent, and that the conveyance was in contravention of the laws relating to insolvency, and was fraudulent and void; and that the plaintiff was entitled to recover from the defendant the value of the property. The second count was for the conversion of the goods. At the trial in the Superior Court, without a jury, before Gaskill, J., the plaintiff moved to amend the…
1Opinion of the CourtKnowlton, J.
The plaintiff, an assignee in insolvency, brought a suit to recover the value of a stock of goods alleged to have been fraudulently transferred by the debtor to the defendant as a preference. He was allowed to amend his declaration by adding a count for a fraudulent assignment of certain accounts receivable. The defendant’s only exception is to the allowance of the amendment. The allowance of the amendment was an adjudication under the Pub. Sts. c. 167, §§ 42, 85, that the cause of action relied on by the plaintiff when the action was commenced was a fraudulent transfer of the property, which…
2Cases cited4 opinions
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- Hutchinson v. TuckerMassachusetts Supreme Judicial Court · 1878
- Townsend National Bank v. JonesMassachusetts Supreme Judicial Court · 1890
- Freeman v. CreechMassachusetts Supreme Judicial Court · 1873
3Cited by8 opinions
- Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935
- McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Commonwealth v. National Contracting Co.Massachusetts Supreme Judicial Court · 1909
- King v. HowesMassachusetts Supreme Judicial Court · 1902
- Lufkin v. CuttingMassachusetts Supreme Judicial Court · 1917
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