Bergin v. Hayward
Massachusetts Supreme Judicial Court
Tort against a deputy sheriff for the conversion of personal property including boots, shoes, blacking, materials for the manufacture of boots and shoes, tools, implements, and the. lease, fixtures and good will of the shop No. 124 on Main Street in Milford.
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Tort against a deputy sheriff for the conversion of personal property including boots, shoes, blacking, materials for the manufacture of boots and shoes, tools, implements, and the. lease, fixtures and good will of the shop No. 124 on Main Street in Milford. Trial in the superior court, before Reed, J., who made a report of the case, for the determination of this court, substantially as follows: John C. Cosgrove, who was in the business of making and selling boots and shoes in Milford, and who boarded in that town, mortgaged to Charles Fletcher on September 8,1866, “ all the boots, shoes and…
1Opinion of the CourtAmes, J.
The argument for the plaintiff proceeds upon the assumption that his title to the property in dispute is one which was not valid as against the creditors of his vendor. In other words, that, even admitting, for the purposes of the argument, that the transaction between himself and Cosgrove was attended with such circumstances as to cause it to fall within the legal definition of a fraudulent conveyance, and for that reason to render it void as against attaching creditors, yet the defendant, as the representative of those creditors, has wholly failed to make out any legal justification for his…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Lewis v. PalmerNew York Supreme Court · 1831
3Cited by8 opinions
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. FrancisMassachusetts Supreme Judicial Court · 1983
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- David v. LarochelleMassachusetts Supreme Judicial Court · 1936
- Williams v. EastmanMassachusetts Supreme Judicial Court · 1911
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