Huntington v. Saunders
U.S. Circuit Court for the District of Massachusetts
In Equity. The plaintiffs, as assignees in bankruptcy of William A. Saunders, bring this bill against him and his wife to recover property or its proceeds, charged to have been bought by the bankrupt with his own money, and placed in the hands of his wife, from tirhe to time, ■within eight years before his bankruptcy, in 1875. The bill alleges that the plaintiffs have obtained about $23,000 by settlement with the wife for such property, but the bill is supposed to relate to…
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In Equity. The plaintiffs, as assignees in bankruptcy of William A. Saunders, bring this bill against him and his wife to recover property or its proceeds, charged to have been bought by the bankrupt with his own money, and placed in the hands of his wife, from tirhe to time, ■within eight years before his bankruptcy, in 1875. The bill alleges that the plaintiffs have obtained about $23,000 by settlement with the wife for such property, but the bill is supposed to relate to some other and distinct property. A demurrer to the bill was sustained, and a new bill has been filed by amendment. The…
1Opinion of the CourtLowell, C. J.
One of the defendants’ objections seems to be well taken, and perhaps two. This bill will not lie for money received by the wife, under the decision of the supreme court in Phipps v. Sedgwick, 95 U. S. 3. It is not, therefore, an equitable assumpsit or trover, but replevin for the recovery of specific property conveyed by the husband to the wife by way of gift, when he was insolvent, or specific property into which the first has been converted. The plaintiffs do not make out any case, which can be admitted or denied, for the recovery of any such property. It is plain that they neither know…
2Cases cited1 opinion
- Phipps v. SedgwickSupreme Court of the United States · 1877
3Cited by1 opinion
- Cummings v. Supreme Council of Royal ArcanumDistrict Court, D. Massachusetts · 1918