Whipple v. Bond
Massachusetts Supreme Judicial Court
Tort, by the assignee in insolvency of the estate of John E. McDougall, to recover certain property, or the value thereof, alleged to have been mortgaged by the plaintiff’s insolvent to the defendant, in fraud of the insolvent law. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions in substance as follows.
Read the full summary
Tort, by the assignee in insolvency of the estate of John E. McDougall, to recover certain property, or the value thereof, alleged to have been mortgaged by the plaintiff’s insolvent to the defendant, in fraud of the insolvent law. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions in substance as follows. There was evidence tending to show that the mortgage, which covered the entire stock in trade of the insolvent and was stated therein to be for the consideration of $890, was given to the defendant to secure him for a payment made to the firm of Israel W.…
1Opinion of the CourtLathrop, J.
The first, second, and fourth requests for instructions were properly refused. The plaintiff relies upon the case of Gorham, v. Stearns, 1 Met. 866. That case was decided under the St. of 1838, c. 163, § 10, where these words occur: “ in contemplation of his becoming insolvent, and of obtaining a discharge under the provisions of this act.” It was held that it must be shown that the debtor contemplated going into insolvency and obtaining a discharge. This was changed by the St. of 1841, c. 124, § 3, so as to read, “being insolvent, or in contemplation of insolvency.” See Ex parte Jordan, 9…
2Cases cited3 opinions
- Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
- Peabody v. KnappMassachusetts Supreme Judicial Court · 1891
- Abbott v. ShepardMassachusetts Supreme Judicial Court · 1886
3Cited by6 opinions
- Hewitt v. Boston Straw Board Co.Massachusetts Supreme Judicial Court · 1913
- Bolster v. GravesMassachusetts Supreme Judicial Court · 1905
- Jaquith v. Winnisimmet National BankMassachusetts Supreme Judicial Court · 1902
- Mundo v. ShepardMassachusetts Supreme Judicial Court · 1896
- Saunders v. RussellMassachusetts Supreme Judicial Court · 1898
1 more not listed; retrieve them via the Exa API.