Beals v. Quinn
Massachusetts Supreme Judicial Court
Toet by the assignee of the joint and separate estates of Peter and Thomas Keogh, partners, in bankruptcy, for the conversion of their stock of goods mortgaged to the defendant, and bv him taken into possession "and sold; sought to be maintained on the ground that the conveyance to the defendant was void under the provision of the bankrupt act, U. S. St. 1867, c. 176, § 35, printed in the margin.* Trial and verdict for the defendant, in the superior court, before Lord, J.,…
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Toet by the assignee of the joint and separate estates of Peter and Thomas Keogh, partners, in bankruptcy, for the conversion of their stock of goods mortgaged to the defendant, and bv him taken into possession "and sold; sought to be maintained on the ground that the conveyance to the defendant was void under the provision of the bankrupt act, U. S. St. 1867, c. 176, § 35, printed in the margin.* Trial and verdict for the defendant, in the superior court, before Lord, J., who allowed a^bill of exceptions in substance as follows : At the trial, these facts appeared in evidence: The defendant…
1Opinion of the CourtAmes, J.
The case finds that there was evidence tending to show that the mortgagors were insolvent or in contemplation of insolvency at the time when the mortgage was made, and that the defendant when he took the mortgage had reasonable cause *265to believe them to be insolvent or in contemplation of insolvency. ' This evidence was submitted to the jury with instructions which were substantially correct as far as they went; and the only question is, whether anything was omitted which the plaintiff was entitled to have included in the instructions.
The rulings and explanations on the subject of actual…
2Cases cited1 opinion
- Buckingham v. McLeanSupreme Court of the United States · 1852
3Cited by4 opinions
- Hewitt v. Boston Straw Board Co.Massachusetts Supreme Judicial Court · 1913
- Otis v. HadleyMassachusetts Supreme Judicial Court · 1873
- Rice v. MelendySupreme Court of Iowa · 1875
- Paine v. CaldwellDistrict Court, D. Maine · 1872