Clark v. Northampton National Bank
Massachusetts Supreme Judicial Court
Contract, by the assignee in insolvency of the Florence Tack Company, upon an account annexed, and for money had and received. The defendant filed a declaration in set-off for the amount of certain promissory notes made by the Florence Tack Company, and held by the defendant. Trial in the Superior Court, without a jury, before Aldrich, J., who allowed a bill of exceptions, in substance as follows.
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Contract, by the assignee in insolvency of the Florence Tack Company, upon an account annexed, and for money had and received. The defendant filed a declaration in set-off for the amount of certain promissory notes made by the Florence Tack Company, and held by the defendant. Trial in the Superior Court, without a jury, before Aldrich, J., who allowed a bill of exceptions, in substance as follows. The action was brought to recover the amount deposited by the Florence Tack Company with the defendant between March 8 and the time of the filing of the petition in insolvency, on April 25, 1892,…
1Opinion of the CourtField, C. J.
The amount of the notes is to be set off against the balance due on account of the deposits at the time of the commencement of the proceedings in insolvency, unless the deposits made after March 8, 1892, are to be considered as made with a view to give a preference, or to effect a fraudulent transfer of property contrary to the statutes relating to insolvency, or as made upon a trust for creditors. Demmon v. Boylston Bank, 5 Cush. 194. Whether these deposits were made in violation of either § 96 or § 98 of Pub. Sts. c. 157, was a question of fact, and the court, 'trying the case without a…
2Cases cited1 opinion
- Leighton v. MorrillMassachusetts Supreme Judicial Court · 1893
3Cited by16 opinions
- Furber v. DaneMassachusetts Supreme Judicial Court · 1909
- Fogg v. TylerSupreme Judicial Court of Maine · 1912
- Another v. Brookline Trust Co.Massachusetts Supreme Judicial Court · 1917
- Hodgin v. Peoples' National BankSupreme Court of North Carolina · 1899
- Krinsky v. Pilgrim Trust Co.Massachusetts Supreme Judicial Court · 1958
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