Sartwell v. North
Massachusetts Supreme Judicial Court
Contract, by the assignees in insolvency of the firm of Fitz and Martin, against Charles H. North and S. H. Skilton, co-partners under the firm name of Charles H. North and Company, to recover $610, alleged to have been obtained of Fitz and Martin by the defendants as a fraudulent preference.
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Contract, by the assignees in insolvency of the firm of Fitz and Martin, against Charles H. North and S. H. Skilton, co-partners under the firm name of Charles H. North and Company, to recover $610, alleged to have been obtained of Fitz and Martin by the defendants as a fraudulent preference. Trial in the Superior Court, without a jury, before Knowlton, J., who reported the case for the determination of this court, in substance as follows: It appeared that, on October 14, 1884, the defendants caused a writ to be made in their favor against said Fitz and Martin, returnable to the Municipal…
1Opinion of the CourtC. Allen, J.
The questions of law which the report in the present case seems intended to present relate only to the alleged preference which was obtained by the levy of the execution, and are as follows:
1. Whether, according to the true meaning of the Pub. Sts. c. 157, § 96, making fraudulent preferences by an insolvent debtor void, the act relied on should be considered to have been done with the view, on the part of Fitz and Martin, the insolvent debtors, to give a preference to their creditors North and Company ; that is to say, whether, upon the facts stated, such a view or intention should be imputed…
2Cases cited12 opinions
- Wilson v. City BankSupreme Court of the United States · 1873
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
- Rogers v. PalmerSupreme Court of the United States · 1880
- Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
- Shattuck v. BillMassachusetts Supreme Judicial Court · 1886
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3Cited by15 opinions
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- American Export & Inland Coal Corp. v. Matthew Addy Co.Ohio Supreme Court · 1925
- Hewitt v. Boston Straw Board Co.Massachusetts Supreme Judicial Court · 1913
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