Legal Opinion

Partridge

Supreme Judicial Court of Maine

Decided December 18, 1901PublishedCited by 1 opinion

Exceptions by appellant. Appeal by George W. Partridge, a creditor of Hosea B. Littlefield, an insolvent, from the disallowance of his proof of debt in the court of insolvency for Waldo county. The appeal was heard at nisi prius, in this court below, by the presiding justice who sustained the appeal and admitted the claim.

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Exceptions by appellant. Appeal by George W. Partridge, a creditor of Hosea B. Littlefield, an insolvent, from the disallowance of his proof of debt in the court of insolvency for Waldo county. The appeal was heard at nisi prius, in this court below, by the presiding justice who sustained the appeal and admitted the claim. The case below was submitted on the following agreed statement: On the sixth day of January, 1898, Hosca B. Littlefield was indebted to George W. Partridge in the sum of twelve hundred dollars, and on that day gave said Partridge his three promissory notes for four hundred…

1Opinion of the CourtEmery, J.

January 0, 1898, Littlefield, the insolvent debtor, was indebted to Partridge, the claimant, and on that day undertook to secure that prior indebtedness by giving him promissory notes and areal estate mortgage of that date. At the time of this transaction Littlefield was in fact insolvent and Partridge had reasonable cause to believe that he was insolvent and was contemplating insolvency. No proceedings in insolvency, however, were begun by or against Littlefield until June 8, 1898, more than four months after the mortgage was given.

Had the mortgage been recorded more than three months…

2Cited by1 opinion

  1. Vosburgh's EstateSuperior Court of Pennsylvania · 1924

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