Sleeper v. Chapman
Massachusetts Supreme Judicial Court
Contract. Writ dated November 28, 1874. Personal property was attached, which was alleged in the writ to be subject to a mortgage to Benjamin Plumley, who had assigned it to William E. Littlefield. Plumley and Littlefield were summoned as trustees, under the Gen. Sts. c. 123, § 67; and appeared and filed answers.
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Contract. Writ dated November 28, 1874. Personal property was attached, which was alleged in the writ to be subject to a mortgage to Benjamin Plumley, who had assigned it to William E. Littlefield. Plumley and Littlefield were summoned as trustees, under the Gen. Sts. c. 123, § 67; and appeared and filed answers. That of Plumley alleged that before the service of the plaintiffs’ writ upon him, the principal defendant had executed and delivered to him a mortgage of the property attached, which mortgage had, before said service, been assigned by him to Little-field. The answer of Littlefield…
1Opinion of the CourtColt, J.
The issue in this case, which was submitted to the jury under the provisions of the Gen. Sts. o. 123, §§ 67, 69, was whether the mortgage of personal property, given by the principal defendant to Plumley, and by him assigned to Littlefield, the supposed trustee, was made to hinder, delay and defraud creditors. It was agreed at the trial that this issue should be taken to include the question whether Littlefield had notice of the alleged illegality.
The mortgage covered the furniture, fixtures and stock of goods in the principal defendant’s store, consisting in part of groceries and provisions.…
2Cases cited2 opinions
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