Raphael v. Mullen
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, January 15, 1895, against James F. Mullen and Peter Williams, to compel the defendants to refund the residue of the proceeds of certain property conveyed by the plaintiff to them.
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Bill in equity, filed in the Superior Court, January 15, 1895, against James F. Mullen and Peter Williams, to compel the defendants to refund the residue of the proceeds of certain property conveyed by the plaintiff to them. A decree was entered dismissing the bill, by consent of all parties, against the defendant Williams, and adjudging that the defendant Mullen held in trust a certain sum for the use and benefit of the plaintiff, and ordering payment of the same; and Mullen appealed to this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a bill to compel the restoration of funds, the residue of the proceeds of the plaintiff’s stock in trade. He made an assignment for the benefit of creditors, but later went into insolvency. He then made an offer of composition and executed a bill of sale of the property previously assigned to the same assignees, of whom the defendant Mullen was one. The other, Williams, is out of the case by agreement. The bill alleges that this bill of sale, although absolute in form, was given only as security to Mullen and Williams for such money as they should advance in order to pay the offer of…
2Cases cited8 opinions
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3Cited by6 opinions
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