Bolster v. Graves

These are two actions, one in tort, in the nature of trover, and the other in contract for money had and *302received, by the assignee in insolvency of John S. Gibbon, for alleged preferences received by the defendants from Gibbon within six months before the filing of his petition in insolvency.

The proceedings in the case are under the Pub. Sts. c. 157, § 96, now the R. L. c. 163, § 110. In the Superior Court the case was sent to an auditor, who found in the action of tort that all the goods enumerated in the plaintiff’s amended declaration included in the items numbered 221 to 342, both…