Hoague v. Cumner
Massachusetts Supreme Judicial Court
Bill in equity, filed March 16,1904, by the trustee in bankruptcy of the estate of one Winthrop Messenger of Boston to set aside a conveyance to the defendant purporting to be a common law voluntary assignment for the benefit of creditors. In the Superior Court Hardy, J. made a decree dismissing the bill with costs; and the plaintiff appealed.
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Bill in equity, filed March 16,1904, by the trustee in bankruptcy of the estate of one Winthrop Messenger of Boston to set aside a conveyance to the defendant purporting to be a common law voluntary assignment for the benefit of creditors. In the Superior Court Hardy, J. made a decree dismissing the bill with costs; and the plaintiff appealed. At the request of the plaintiff the judge appointed a commissioner under Chancery Rule 35 to take the evidence in the case to be reported to this court.
1Opinion of the CourtKnowlton, C. J.
The plaintiff is the trustee in bankruptcy of one Messenger, who, more than four months before the commencement of the proceedings in bankruptcy, made an assignment of his property to the defendant for the benefit of his creditors, which was assented to by a majority of them, both in number and value. This bill is brought to set aside the assignment and recover the property. It was said by the plaintiff’s counsel, at the hearing, that no question was made in regard to the validity of the assignment, except that a copy of it was not deposited with the clerk of the city or town in which the…
2Cases cited2 opinions
- Parmenter Manufacturing Co. v. HamiltonMassachusetts Supreme Judicial Court · 1898
- Faulkner v. HymanMassachusetts Supreme Judicial Court · 1886
3Cited by3 opinions
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- Pelton v. SheridanOregon Supreme Court · 1914
- R. T. Arnold Lumber Corp. v. Empire Building Co.Massachusetts District Court, Appellate Division · 1950