Legal Opinion

Lincoln v. Wilbur

Massachusetts Supreme Judicial Court

Decided August 31, 1878PublishedCited by 2 opinions

Tort, by the assignee in bankruptcy of Cyrus Leonard, for the conversion of a cow and a yoke of oxen. Writ dated November 27, 1876. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows : On November 16, 1875, Leonard sold the cattle in question to the defendant, and delivered them to him the next morning.

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Tort, by the assignee in bankruptcy of Cyrus Leonard, for the conversion of a cow and a yoke of oxen. Writ dated November 27, 1876. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows : On November 16, 1875, Leonard sold the cattle in question to the defendant, and delivered them to him the next morning. It was admitted that Leonard was insolvent at the time of the sale, and was, on March 3, 1876, adjudged a bankrupt, on his own petition. The plaintiff contended that the sale was in fraud of the bankrupt act. Leonard, who was called as…

1Opinion of the CourtAmes, J.

In order to impeach and set aside a conveyance of property by an insolvent person, as a fraudulent preference of a creditor in violation of the provisions of the United States bankrupt law, it is necessary, as the law now stands, for the assignee of the bankrupt to prove, among other things, that the debtor was insolvent or in contemplation of insolvency, and that the grantee or person to be benefited by the conveyance had reasonable cause to believe the debtor to be insolvent, and knew that the conveyance was made in fraud of the bankrupt act. U. S. St. June 22, 1874, § 12. Until June 22,…

2Cases cited5 opinions

  1. Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
  2. Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
  3. Commonwealth v. Van TuylCourt of Appeals of Kentucky · 1858
  4. Carroll v. HaywardMassachusetts Supreme Judicial Court · 1878
  5. Holbrook v. HolbrookMassachusetts Supreme Judicial Court · 1873

3Cited by2 opinions

  1. McAvoy v. WrightMassachusetts Supreme Judicial Court · 1884
  2. O'Donnell v. HallMassachusetts Supreme Judicial Court · 1891

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