Bernard v. Barney Myroleum Co.
Massachusetts Supreme Judicial Court
Bill in equity, under the Pub. Sts. c. 151, § 3, filed October 8, 1887, to set aside an assignment executed by the first-named defendant to the other defendant, Gilbert N. Hall, as in fraud of creditors.
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Bill in equity, under the Pub. Sts. c. 151, § 3, filed October 8, 1887, to set aside an assignment executed by the first-named defendant to the other defendant, Gilbert N. Hall, as in fraud of creditors. Hearing before Q. Allen, J., who found, if competent to do so upon the facts in evidence, that the assignment was made with the intent to hinder, delay, and defraud the creditors of the company, and especially the plaintiffs, and that the other defendant was chargeable with knowledge of such fraudulent intention, and reported the case for the consideration of the full court. The facts appear…
1Opinion of the CourtW. Allen, J.
The first question presented is, whether it was competent for the justice who heard the case to find, upon the facts reported, that the assignment was made with the intent to hinder, delay, and defraud creditors of the company. It may be assumed that Gilbert N. Hall, the assignee, was a creditor of the company, and that the ostensible purpose of the assignment was to secure payment to him, and that the company had a right to give a preference to him over other creditors, and *357that the detriment to other creditors resulting from the preference was not fraudulent, nor evidence of fraud, as to…
2Cases cited6 opinions
- Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
- Giddings v. SearsMassachusetts Supreme Judicial Court · 1874
- Gardner v. Commercial National BankIllinois Supreme Court · 1880
- Jones v. SyerCourt of Appeals of Maryland · 1879
- Squire v. LincolnMassachusetts Supreme Judicial Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Slaney v. Westwood Auto, Inc.Massachusetts Supreme Judicial Court · 1975
- Cavadi v. DeYesoMassachusetts Supreme Judicial Court · 2011
- Stratton v. HernonMassachusetts Supreme Judicial Court · 1891
- Samuels v. Charles E. Fogg Co.Massachusetts Supreme Judicial Court · 1927
- R. E. McDonald Co. v. FinkovitchMassachusetts Supreme Judicial Court · 1930
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