Mundo v. Shepard
Massachusetts Supreme Judicial Court
Bill in equity, filed July 2,1894, by the assignee in insolvency of Adelaide C. Clark, to set aside an assignment of certain accounts made by the insolvent as security for a debt due to the defendants. The case was heard in the Superior Court, before Dewey, J., who dismissed the bill, and, at the request of the plaintiff, reported the case for the determination of this court, in substance as follows.
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Bill in equity, filed July 2,1894, by the assignee in insolvency of Adelaide C. Clark, to set aside an assignment of certain accounts made by the insolvent as security for a debt due to the defendants. The case was heard in the Superior Court, before Dewey, J., who dismissed the bill, and, at the request of the plaintiff, reported the case for the determination of this court, in substance as follows. The insolvent, Adelaide C. Clark, was, in 1893, a dressmaker and milliner doing business in Boston, and being at that time indebted for goods sold to her by the defendants, Shepard, Nor-well, and…
1Opinion of the CourtHolmes, J.
This is a bill in equity, brought by the assignee in insolvency of Mrs. Clark to set aside an assignment of certain credits made by the insolvent as security for a debt due to the defendants, and in order to obtain further credit from them. The case comes here on report. In form, the only question reserved is the correctness of a ruling that the bill cannot be maintained on the facts found by the judge who tried the case. But as one of the findings is that the assignment was not made in fraud of the insolvent laws, and as the evidence is reported, we assume with some hesitation, as the…
2Cases cited12 opinions
- Toof v. MartinSupreme Court of the United States · 1871
- Wager v. HallSupreme Court of the United States · 1873
- Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
- Sartwell v. NorthMassachusetts Supreme Judicial Court · 1887
- In re GeorgeDistrict Court, D. Massachusetts · 1869
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3Cited by3 opinions
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