Killam v. Peirce
Massachusetts Supreme Judicial Court
Contract, by an assignee in insolvency, to recover money alleged to be paid by the insolvent debtor to a creditor in fraud of the insolvent laws, with a count in tort for the conversion of three promissory notes. Trial in the Superior Court, before Thompson, J., who reported the case for the determination of this court. There was evidence tending to prove the following facts.
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Contract, by an assignee in insolvency, to recover money alleged to be paid by the insolvent debtor to a creditor in fraud of the insolvent laws, with a count in tort for the conversion of three promissory notes. Trial in the Superior Court, before Thompson, J., who reported the case for the determination of this court. There was evidence tending to prove the following facts. Frank W. Flanders engaged in business in Lawrence, in September, 1887, as a retail grocer, with a capital of $1,800, borrowed by him from his brother for that purpose. The defendants, who were a firm of wholesale grocers…
1Opinion of the CourtHolmes, J.
1. The main question before us is whether the payment to the defendant by Flanders appears, as matter of law, to have been made in the usual and ordinary course of business. The plaintiff does not seek to avoid Flanders’s sale of his stock in trade, as in Walbrun v. Babbitt, 16 Wall. 577. On the contrary, his claim to the proceeds is based upon an affirmance of the sale. The only way in which the sale, or knowledge of it and of the manner in which it was made, could be considered to the defendants’ disadvantage would be as bearing on their actual good faith when they took the notes, if the *505cas…
2Cases cited7 opinions
- Walbrun v. BabbittSupreme Court of the United States · 1873
- Thacher v. PrayMassachusetts Supreme Judicial Court · 1873
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
- Alden v. MarshMassachusetts Supreme Judicial Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- St. John Brothers Co. v. FalksonMassachusetts Supreme Judicial Court · 1921
- Sousa v. IromeMassachusetts Supreme Judicial Court · 1914
- Batchelder v. Home National BankMassachusetts Supreme Judicial Court · 1914
- Leighton v. MorrillMassachusetts Supreme Judicial Court · 1893
4 more not listed; retrieve them via the Exa API.