Bristol County Savings Bank v. Keavy
Massachusetts Supreme Judicial Court
Writ of entry, dated February 1, 1878, to recover possession oí a parcel of land in Fall River. Plea, mil disseisin. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The demandant contended that the demanded premises were fraudxilently conveyed to the tenant on April 1, 1876, by James Keavy, with intent to hinder, delay and defraud his creditors.
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Writ of entry, dated February 1, 1878, to recover possession oí a parcel of land in Fall River. Plea, mil disseisin. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The demandant contended that the demanded premises were fraudxilently conveyed to the tenant on April 1, 1876, by James Keavy, with intent to hinder, delay and defraud his creditors. It appeared in evidence that the demandant recovered judgment against James Keavy upon a note which was due and payable at the time said conveyance was made; that execution issued on…
1Opinion of the CourtSoule, J.
The evidence of the treasurer of the demandant, that the proceedings for enforcing the claim which was the foundation of the original suit were begun by his direction, being uncontrolled, showed that the original suit was duly authorized by the demandant. Wallace v. Townsend Parish, 109 Mass. 263. It would be a great obstacle to the successful management of savings banks and other corporations, if no suit for the collection of a debt could be instituted except by vote of the trustees or directors. The treasurer of the demandant might well cause suit to be brought to collect an overdue debt.…
2Cases cited2 opinions
- Commonwealth v. HatfieldMassachusetts Supreme Judicial Court · 1871
- Wallace v. Inhabitants of the First ParishMassachusetts Supreme Judicial Court · 1872
3Cited by19 opinions
- Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1937
- Blair's Foodland Inc. v. Shuman's Foodland, Inc.Massachusetts Supreme Judicial Court · 1942
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- Taylor v. Sutherlin-Meade Tobacco Co.Supreme Court of Virginia · 1908
- Lyman v. City of BostonMassachusetts Supreme Judicial Court · 1895
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