Bush v. Boutelle
Massachusetts Supreme Judicial Court
Bill in equity, brought by the assignee in insolvency of Cyrus F. Boutelle, to compel the defendant to "convey to the plaintiff certain lands originally conveyed by the insolvent in alleged fraud of the insolvent laws, or to pay the value thereof to the plaintiff. The case was submitted to the Superior Court, and, after at decree for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows.
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Bill in equity, brought by the assignee in insolvency of Cyrus F. Boutelle, to compel the defendant to "convey to the plaintiff certain lands originally conveyed by the insolvent in alleged fraud of the insolvent laws, or to pay the value thereof to the plaintiff. The case was submitted to the Superior Court, and, after at decree for the plaintiff, to this court, on appeal, on agreed facts, in substance as follows. The insolvent’s voluntary petition was filed on June 3, 1889. On April 10,1889, Cyrus, who was insolvent and knew himself to be so, made a note for SI,000, payable to the order of…
1Opinion of the CourtMorton, J.
The question in this case is whether the deeds from Cyrus F. Boutelle to the defendant were given in contravention of the insolvent law.
It is stated in the agreed facts, that at the time the defendant took them, and when the loan was made for which they were given to him as security, Cyrus was insolvent and knew himself to be so, and the defendant had reason to believe him to - be so. It is not stated that the deeds were taken or that the money was advanced by the defendant with a view to enable Cyrus to prefer the bank, or to evade in any way the insolvent law. That is denied in the…
2Cases cited13 opinions
- Tiffany v. Boatman's InstitutionSupreme Court of the United States · 1874
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
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3Cited by10 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- O'Connell v. City of WorcesterMassachusetts Supreme Judicial Court · 1916
- Murray v. BealUtah Supreme Court · 1901
- Leighton v. MorrillMassachusetts Supreme Judicial Court · 1893
- Nicholson v. SchmuckerCourt of Appeals of Maryland · 1895
5 more not listed; retrieve them via the Exa API.