Forbes v. Howe
Massachusetts Supreme Judicial Court
Tort by the assignees in bankruptcy of George H. Josselyn, (who filed his petition in bankruptcy on November 11, 1867,) brought against Howe and Alonzo Upham, to recover for the conversion of personal property conveyed October 1, 1867, by Josselyn to the defendants, by a mortgage alleged to be fraudulent under the provisions of the United States bankrupt act, U. S. St. 1867, c. 176; 14 U. S. Sts. at Large, 517. Trial and verdict for the plaintiffs in this court, before Ames,…
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Tort by the assignees in bankruptcy of George H. Josselyn, (who filed his petition in bankruptcy on November 11, 1867,) brought against Howe and Alonzo Upham, to recover for the conversion of personal property conveyed October 1, 1867, by Josselyn to the defendants, by a mortgage alleged to be fraudulent under the provisions of the United States bankrupt act, U. S. St. 1867, c. 176; 14 U. S. Sts. at Large, 517. Trial and verdict for the plaintiffs in this court, before Ames, J., who allowed a bill of exceptions substantially as follows: The plaintiffs were allowed, against the objection of…
1Opinion of the CourtWells, J.
In order to invalidate a conveyance of property, under the bankrupt law of the United States, § 35, on the ground that it was made as a preference in fraud of the act, it is requisite that it should appear, 1st, that the debtor was insolvent at the time of the conveyance, or that he made it in contemplation of insolvency; 2d, that he did it with a view to give a preference to a creditor; 3d, that the party taking the conveyance, or to be benefited by it, had, at that time, reasonable cause to believe him to be insolvent; and 4th, that such party had reasonable cause to believe the conveyance…
2Cited by34 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- In re EggertCourt of Appeals for the Seventh Circuit · 1900
- Clarke v. Second National BankMassachusetts Supreme Judicial Court · 1901
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Sartwell v. NorthMassachusetts Supreme Judicial Court · 1887
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