Bloodgood v. Beecher
Supreme Court of Connecticut
Bill for the foreclosure of a mortgage executed by the respondent Beecher to the petitioners. The other respondent, Glover, was the trustee in insolvency of the estate of Beecher, and filed an answer and cross bill alleging that the mortgage was given by Beecher when ' in failing circumstances, with a view to insolvency and with intent to give a preference to the petitioner over his other creditors, and was therefore void as against the trustee in insolvency under the…
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Bill for the foreclosure of a mortgage executed by the respondent Beecher to the petitioners. The other respondent, Glover, was the trustee in insolvency of the estate of Beecher, and filed an answer and cross bill alleging that the mortgage was given by Beecher when ' in failing circumstances, with a view to insolvency and with intent to give a preference to the petitioner over his other creditors, and was therefore void as against the trustee in insolvency under the provisions of the insolvent act of 1858, and praying that the petitioners be compelled to execute to him a release of the…
1Opinion of the CourtPark, J.
The principal questions in this case arise from the following paragraph in the report of the committee :—
“ Said mortgage was made by the respondent, Beecher, knowing that he was then insolvent; not with the intention of stopping payment or closing his business, but to prevent interruption, and to avoid a suit and an assignment for the benefit of his creditors, in the hope, on his part, that by making large profits and by some turn of good fortune he should be extricated from his embarrassments. He also gave said mortgage to the petitioners because of their urgency, and the representations…
2Cases cited3 opinions
- Utley v. SmithSupreme Court of Connecticut · 1855
- In re PearceUnited States District Court · 1843
- Quinebaug Bank v. BrewsterSupreme Court of Connecticut · 1862
3Cited by5 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Ward v. WardSupreme Court of Connecticut · 1890
- Knower v. Cadden Clothing Co.Supreme Court of Connecticut · 1889
- Brady v. BarnesSupreme Court of Connecticut · 1875
- Hall v. GaylorSupreme Court of Connecticut · 1871