Lynde v. McGregor
Massachusetts Supreme Judicial Court
Tort, brought on the 16th of June 1865, by the assignees of Edward P. Boardman, of Milton, an insolvent debtor, to recover the value of personal property alleged to have been transferred by him to the defendant in fraud of creditors and of the insolvent laws; some by a mortgage dated May 12th 1864; some by a mortgage dated May 18th 1864 ; and the residue by sales at different times in June 1864. The first publication of notice of the issuing of the warrant in insolvency was…
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Tort, brought on the 16th of June 1865, by the assignees of Edward P. Boardman, of Milton, an insolvent debtor, to recover the value of personal property alleged to have been transferred by him to the defendant in fraud of creditors and of the insolvent laws; some by a mortgage dated May 12th 1864; some by a mortgage dated May 18th 1864 ; and the residue by sales at different times in June 1864. The first publication of notice of the issuing of the warrant in insolvency was upon the 11th of July 1864. At the trial in this court, before Gray, J., the plaintiffs, as evidence tending to show…
1Opinion of the CourtHoar, J.
We can find in the numerous points taken by the defendants upon this report no just ground of exception to the rulings, refusals to rule, or instructions, of the judge who presided at the trial.
1. The evidence of the attorney, to the defendant’s declarations, was rightly admitted. The defendant was not a client, seeking legal advice or assistance; and there is no evidence that he was employed by Myers to communicate any facts to the attorney.
2. Although the land belonging to the wife was her sole and separate property, in which her husband had no interest except as tenant by the curtesy…
2Cases cited2 opinions
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
- Clinkinbeard v. ClinkinbeardCourt of Appeals of Kentucky · 1860
3Cited by4 opinions
- Moyers v. FogartySupreme Court of Iowa · 1909
- Lombard v. Dows & Co.Supreme Court of Iowa · 1885
- Taylor v. WendlingSupreme Court of Iowa · 1885
- Guterman v. AdamsDistrict Court, D. Massachusetts · 1938