Folsom v. Clemence
Massachusetts Supreme Judicial Court
Tout for taking and carrying away certain enumerated articles of personal property. Writ dated November 1, 1870. At the trial in the Superior Court, before Pitman, J., the following facto appeared: The property was part of the stock in trade of Josiah Grover and Charles H. Harvey, clothing dealers in Lowell, under the style of Grover & Harvey. The plaintiff claimed title under two mortgages from Grover & Harvey to him.
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Tout for taking and carrying away certain enumerated articles of personal property. Writ dated November 1, 1870. At the trial in the Superior Court, before Pitman, J., the following facto appeared: The property was part of the stock in trade of Josiah Grover and Charles H. Harvey, clothing dealers in Lowell, under the style of Grover & Harvey. The plaintiff claimed title under two mortgages from Grover & Harvey to him. The first was dated December 15, 1869, and was given to secure a promissory note of the same date for $2862, payable on demand, with interest. The second was given to secure a…
1Opinion of the CourtWells, J.
All questions of fraud at common law were settled, at the trial, in favor of the mortgagee; and there is no exception upon that part of the case.
The mortgages were recorded prior to the attachments, and prior to the assignment in bankruptcy. They were valid between the parties from the time they were executed. The provisions of the Gen. Sts. c. 151, § 1, therefore, cannot be relied on to defeat the mortgage.
The provisions of the bankrupt act, § 35, are applicable only to transactions which took place with the debtor within the limited periods named before the filing of the petition by or…
2Cited by22 opinions
- In Re Irvine's EstateMontana Supreme Court · 1943
- Hutchinson v. First National Bank of Michigan CityIndiana Supreme Court · 1892
- In re ShirleyCourt of Appeals for the Sixth Circuit · 1901
- National State Bank v. Sandford Fork & Tool Co.Indiana Supreme Court · 1901
- Mason v. WyldeMassachusetts Supreme Judicial Court · 1941
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