Brown v. Pelonsky
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of one James Salt-man to recover, under § 60, a, b, of the bankruptcy act of 1898 as amended in 1903, twenty payments alleged to have been unlawful preferences amounting to $1,614.89, made by Saltman to the defendant, a creditor.
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Contract by the trustee in bankruptcy of one James Salt-man to recover, under § 60, a, b, of the bankruptcy act of 1898 as amended in 1903, twenty payments alleged to have been unlawful preferences amounting to $1,614.89, made by Saltman to the defendant, a creditor. Writ dated October 9, 1908. In the Superior Court the case was tried before Hardy, J. There was evidence tending to show that Saltman had been an overall manufacturer in Cambridge for seventeen years, that his wife was the defendant’s first cousin, that he once had worked for the defendant and in all had known him for about…
1Opinion of the CourtSheldon, J.
The evidence was very meagre, but in our opinion it presented a question for the jury. They could find that Saltman was insolvent on and before March 14, 1908, and remained so until he went into bankruptcy four months and three days later. From the very character of the transaction between the defendant and Saltman, the giving of the notes bearing the rate of interest and coming due at the dates fixed, and the arrangement that Saltman should still buy goods of the defendant and pay for them either in cash or by checks to be dated some days ahead and then to be collected in regular course, in…
2Cases cited5 opinions
- Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
- Killam v. PeirceMassachusetts Supreme Judicial Court · 1891
- Chipman v. McClellanMassachusetts Supreme Judicial Court · 1893
- Jaquith v. Winnisimmet National BankMassachusetts Supreme Judicial Court · 1902
- Purinton v. ChamberlinMassachusetts Supreme Judicial Court · 1881
3Cited by4 opinions
- Rubin v. HuhnMassachusetts Supreme Judicial Court · 1918
- Batchelder v. Home National BankMassachusetts Supreme Judicial Court · 1914
- Wilson v. Mitchell-Woodbury Co.Massachusetts Supreme Judicial Court · 1913
- Jacobs v. SapersteinMassachusetts Supreme Judicial Court · 1916