Russell v. Cole
Massachusetts Supreme Judicial Court
Tort, by Charles E. Russell and George W. Martin, copartners as Charles E. Russell, and Company, for the conversion of certain personal property. Writ dated September 2,1893. The defendant, who was a deputy sheriff, justified under a writ against the plaintiff Martin, on which he attached the property in question. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows.
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Tort, by Charles E. Russell and George W. Martin, copartners as Charles E. Russell, and Company, for the conversion of certain personal property. Writ dated September 2,1893. The defendant, who was a deputy sheriff, justified under a writ against the plaintiff Martin, on which he attached the property in question. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The case was referred to an auditor, who found and reported the following facts. Martin had been carrying on business at two stores for several years, and had become…
1Opinion of the CourtKnowlton, J.
The conveyance by Martin to Russell was on the part of Martin fraudulent as against creditors and in contravention of the statute relating to insolvency. But Russell had no knowledge of this fact, and did not in any way participate in the fraud. The contract, therefore, took effect according to its terms, Russell became a copartner with Martin, and the goods sold became partnership property. The rights of Russell, who bought in good faith for a valuable consideration, were not *9in any way affected by the fraud of Martin, of which he was ignorant.
The property which thus became assets of the…
2Cases cited11 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Amsinck v. BeanSupreme Court of the United States · 1875
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
- Fish v. GatesMassachusetts Supreme Judicial Court · 1882
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3Cited by2 opinions
- Berkman v. RossMassachusetts District Court, Appellate Division · 1964
- Carlisle v. McAlesterCourt Of Appeals Of Indian Territory · 1899