Proctor v. National Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed October 10, 1889, by the assignees in insolvency of the firm of E. & A. H. Batcheller and Company, to recover the proceeds of a claim against that firm sold by the defendant, and to enjoin the prosecution of an action pending thereon in Ohio against its members and their estate in insolvency. The case was heard by Holmes, J., and by him reserved for the consideration of the full court, and was as follows.
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Bill in equity, filed October 10, 1889, by the assignees in insolvency of the firm of E. & A. H. Batcheller and Company, to recover the proceeds of a claim against that firm sold by the defendant, and to enjoin the prosecution of an action pending thereon in Ohio against its members and their estate in insolvency. The case was heard by Holmes, J., and by him reserved for the consideration of the full court, and was as follows. On July 29, 1889, the firm of E. & A. H. Batcheller and Company suspended payment, and made an assignment to trustees for the benefit of creditors. On July 31, the…
1Opinion of the CourtField, C. J.
We think it appears that the notes were actually sold and delivered by the defendant to the Continental National Bank of New York ; that the intention of the defendant in making the sale was to obtain an advantage over the other creditors of E. & A. H. Batcheller and Company; that this intention was known to the Continental National Bank at the time it purchased the notes, and that it bought them for the purpose, among others, of enabling the defendant to carry this intention *226into effect. The defendant knew that Batcheller and Company were insolvent in fact, and might be adjudged insolvent…
2Cases cited3 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Cunningham v. ButlerMassachusetts Supreme Judicial Court · 1886
- Lawrence v. BatchellerMassachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- King v. CrossSupreme Court of the United States · 1899
- Bloomingdale v. WeilWashington Supreme Court · 1902
- Allen v. BuchananSupreme Court of Alabama · 1892
- Crippen v. RogersSupreme Court of New Hampshire · 1892
- Batcheller v. National Bank of the RepublicMassachusetts Supreme Judicial Court · 1892
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