Legal Opinion

Greenthal v. Lincoln, Seyms & Co.

Supreme Court of Connecticut

Decided February 21, 1896PublishedCited by 28 opinions

Action to recover damages for the conversion of a stock of merchandise, brought to the District Court of Waterhury and thence by the defendants’ appeal to the Superior Court in New Haven County, and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the defendants, and appeal by the’plaintiff for alleged errors in the rulings of the court.

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Action to recover damages for the conversion of a stock of merchandise, brought to the District Court of Waterhury and thence by the defendants’ appeal to the Superior Court in New Haven County, and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the defendants, and appeal by the’plaintiff for alleged errors in the rulings of the court. A general denial was pleaded, and afterwards an amended answer setting up that on March 1st, 1895, one Henry Greenberg owned the goods and was hopelessly insolvent, as the plaintiff well knew; that he thereupon transferred them…

1Opinion of the CourtBaldwin, J.

By General Statutes, §§501, 504, all transfers of property by any person in failing circumstances, with a view to insolvency, shall be void, which are not in writing for the benefit of all his creditors, and lodged for record in the proper Court of Probate; but no transfer otherwise valid is to be thus made void, unless proceedings in insolvency are instituted in such court within sixty days. Section 2528 further provides that all fraudulent conveyances or contracts “ made or contrived with intent to avoid any debt or duty belonging to others, shall, notwithstanding any pretended…

2Cases cited2 opinions

  1. Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
  2. Todd v. MunsonSupreme Court of Connecticut · 1886

3Cited by28 opinions

  1. Hennessy v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1902
  2. McKenna v. WhippleSupreme Court of Connecticut · 1922
  3. Davenport v. QuinnConnecticut Appellate Court · 1999
  4. Finnegan v. LafontaineSupreme Court of Connecticut · 1937
  5. Worden v. FrancisSupreme Court of Connecticut · 1966

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