Thacher & Fearing v. Jones & Ayer
Supreme Judicial Court of Maine
Case, founded on Revised Statutes, chap. 148, sect. 49, for aiding and assisting one Buck, on the 15th of August, 1846, in a fraudulent transfer and concealment of certain property, to defraud his creditors. The writ is dated August 25, 1848. The general issue was pleaded severally by the defendants, with the statute of limitations. Evidence as to the facts alleged, was presented to the jury.
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Case, founded on Revised Statutes, chap. 148, sect. 49, for aiding and assisting one Buck, on the 15th of August, 1846, in a fraudulent transfer and concealment of certain property, to defraud his creditors. The writ is dated August 25, 1848. The general issue was pleaded severally by the defendants, with the statute of limitations. Evidence as to the facts alleged, was presented to the jury. The plaintiffs, to prove themselves creditors, introduced certain notes, made by said Buck, payable to themselves or order. Upon the back of the notes, the words, “ pay the within to T. Ludden, or his…
1Opinion of the CourtShepley, C. J.
It is contended in defence, that this is a penal action, barred by statute ch. 146, § 15. The cases of Quimby v. Carter, 20 Maine, 218, and of Philbrook v. Handley, 27 Maine, 53, decide otherwise. It is supposed in argument, that there must have been some error committed in those cases in making reference to the thirty-fourth section of the statute ch. 148. No such error is perceived. The case provided for in the thirty-fourth section of the statute, is that of a concealment or transfer of personal property disclosed by a poor debtor upon his examination. The provisions of the forty-ninth…
2Cases cited2 opinions
- Dominick v. EackerNew York Supreme Court · 1848
- Jones v. CarterMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- Kinzua Lumber Co. v. DaggettOregon Supreme Court · 1955
- Magness v. StateSupreme Court of Arkansas · 1899
- Greene v. WhiteNew York Court of Appeals · 1867