Abbott v. Shepard
Massachusetts Supreme Judicial Court
Contract, with counts in tort, by the assignee in insolvency of the estate of Charles H. Abbott, to recover the amount of certain promissory notes, alleged to have been transferred to the defendants, in violation of the provisions of the insolvent law.
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Contract, with counts in tort, by the assignee in insolvency of the estate of Charles H. Abbott, to recover the amount of certain promissory notes, alleged to have been transferred to the defendants, in violation of the provisions of the insolvent law. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: It appeared that Charles H. Abbott was for some years engaged in the retail dry-goods business in Lowell; that about October 1, 1882, he sold his entire stock and fixtures to one Sharp, and received payment therefor as follows: $1500 by…
1Opinion of the CourtGardner, J.
1. The three several propositions stated by the judge in his charge to the jury were in accordance with the law relating to preferences under the insolvent act. Pub. Sts. e. 157, § 96. The presiding judge then added, that, if the jury found the first, second, and third propositions affirmatively established, “that would authorize the finding that the transfer was in fraud of the insolvent law; ” in other words, would authorize the finding that the defendants had reasonable cause to believe that the transfer of the notes was made in fraud of the law relating to insolvency. The defendants…
2Cases cited2 opinions
- Toof v. MartinSupreme Court of the United States · 1871
- Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- Whipple v. BondMassachusetts Supreme Judicial Court · 1895
- Bolster v. GravesMassachusetts Supreme Judicial Court · 1905
- Jaquith v. Winnisimmet National BankMassachusetts Supreme Judicial Court · 1902
- Mundo v. ShepardMassachusetts Supreme Judicial Court · 1896