Knowlton v. Moseley
Massachusetts Supreme Judicial Court
Writ oe entry by the assignee in bankruptcy of Addison A. Moseley, to recover land in Springfield, alleged to have been fraudulently conveyed by the bankrupt to the tenant.
Read the full summary
Writ oe entry by the assignee in bankruptcy of Addison A. Moseley, to recover land in Springfield, alleged to have been fraudulently conveyed by the bankrupt to the tenant. At the trial in the superior court, before Wilkinson, J., it appeared that the conveyance was made in July 1867, and that the proceedings in bankruptcy were begun in April 1868. “ Upon the question of fraud and the consideration of the deed, the tenant was allowed to testify, against the demandant’s objection, that in the settlement of the estate of Edward F. Moseley, the father of Addison A. Moseley, of which the tenant…
1Opinion of the CourtMorton, J.
We are of opinion that one of the exceptions taken by the demandant at the trial must be sustained. For the purpose of contradicting Addison A. Moseley, who was a witness for the tenant, the demandant offered the written answers of the witness made by him in an examination under oath before a register in bankruptcy, but the court excluded them. We think these answers should have been admitted. They fall within the rule wMch allows a witness to be impeached by proof that he has made conflicting statements at other times. The fact that the examination was not completed and the answers not…
2Cited by10 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Brown v. EatonSupreme Court of Minnesota · 1875
- Barber v. TerrellSupreme Court of Georgia · 1875
- Otis v. HadleyMassachusetts Supreme Judicial Court · 1873
- Bean v. AmsinckU.S. Circuit Court for the District of Southern New York · 1873
5 more not listed; retrieve them via the Exa API.