Thomas v. Beals
Massachusetts Supreme Judicial Court
Bill in equity, filed by assignees of an insolvent estate, to set aside a sale, made by one Loeser, a former assignee of the estate, of property of Edward Henshaw, one of the insolvent debtors.
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Bill in equity, filed by assignees of an insolvent estate, to set aside a sale, made by one Loeser, a former assignee of the estate, of property of Edward Henshaw, one of the insolvent debtors. Hearing before Knowlton, J., who found that “ the sale was made at a grossly inadequate price, and that Henshaw negotiated the purchase and made the arrangements for the purpose of preventing his creditors from having the benefit of the property, and of securing it for the benefit of himself and his children; that one of the purposes of Loeser was fraudulently to assist him in keeping the property from…
1Opinion of the CourtHolmes, J.
This is a bill by assignees in insolvency, brought to set aside a sale by the former assignee, Loeser, to the defendant Beals, of the interest of Edward Henshaw, one of the insolvents, in the real and personal estate of his wife, who died intestate. That estate consisted of Mrs. Henshaw’s share in the estate of her father, George W. Simmons. The facts found and reported by the judge who tried the case disclose a sale in fraud of Henshaw’s creditors, but we are asked to revise the findings on the evidence, which also is before us. It is only in a very clear and exceptional case that this can…
2Cases cited15 opinions
- Morse v. HillMassachusetts Supreme Judicial Court · 1883
- Fairbanks v. SnowMassachusetts Supreme Judicial Court · 1887
- Richards v. ToddMassachusetts Supreme Judicial Court · 1879
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
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3Cited by49 opinions
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- Woodling v. Garrett Corp.Court of Appeals for the Second Circuit · 1987
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Ludington v. PattonWisconsin Supreme Court · 1901
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