Legal Opinion

Gurney v. Tenney

Massachusetts Supreme Judicial Court

Decided March 6, 1917PublishedCited by 11 opinions

Bill in equity, filed in the Superior Court on Feburary 13, 1914, and amended on March 10 and December 22,1914, to reach and apply to the payment of a judgment for $10,000 damages and $78.75 costs, previously obtained by the plaintiff against the defendant Tenney, certain real and personal property alleged to have been conveyed and transferred fraudulently by the defendant Tenney to the defendants Peck, Hildreth and Wallcut as more fully stated in the opinion.

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Bill in equity, filed in the Superior Court on Feburary 13, 1914, and amended on March 10 and December 22,1914, to reach and apply to the payment of a judgment for $10,000 damages and $78.75 costs, previously obtained by the plaintiff against the defendant Tenney, certain real and personal property alleged to have been conveyed and transferred fraudulently by the defendant Tenney to the defendants Peck, Hildreth and Wallcut as more fully stated in the opinion. The case was referred to a master, who filed a report in which he made the findings that are stated in the opinion. Later the case was…

1Opinion of the CourtRugg, C. J.

The plaintiff, a judgment creditor of the defendant Tenney, seeks by this suit to reach and apply property alleged to have been conveyed and transferred by him to the other defendants in fraud of his creditors. The master’s findings are ample and conclusive to the effect that Tenney and Peck attempted to conceal the farmer’s property, so that it could not be reached to satisfy the plaintiff’s debt, by means of devious devices, so that a large part of it should stand in Miss Peck’s name. To this end bank accounts were changed, funds were intentionally commingled, shares of stock transferred,…

2Cases cited3 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Peters v. BainSupreme Court of the United States · 1890
  3. Lyon v. WallaceMassachusetts Supreme Judicial Court · 1915

3Cited by11 opinions

  1. Nancy Sullivan v. C. Francis Murphy, Corporation Counsel of the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1973
  2. Harris v. WagshalDistrict of Columbia Court of Appeals · 1975
  3. Cosmopolitan Trust Co. v. S. L. Agoos Tanning Co.Massachusetts Supreme Judicial Court · 1923
  4. Loughery v. Central Trust Co.Massachusetts Supreme Judicial Court · 1927
  5. Goldstein v. COLUMBIA DIAMOND RING CO. INC.Massachusetts Supreme Judicial Court · 1975

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