Legal Opinion

Alden v. Marsh

Massachusetts Supreme Judicial Court

Decided September 15, 1867PublishedCited by 7 opinions

Tort for conversion of a stock of tailors’ goods and the store fixtures. The plaintiff claimed under a mortgage, dated September 5, 1866, from the firm of Hibbard & Cosgrove. The defendant justified as assignee in insolvency of that firm, and alleged that the mortgage was fraudulent under the insolvent law.

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Tort for conversion of a stock of tailors’ goods and the store fixtures. The plaintiff claimed under a mortgage, dated September 5, 1866, from the firm of Hibbard & Cosgrove. The defendant justified as assignee in insolvency of that firm, and alleged that the mortgage was fraudulent under the insolvent law. At the trial in the superior court, before Wilkinson, J., the facts with regard to the mortgage appeared as follows : Up to September, 1866, Hibbard & Cosgrove had been in business as tailors at Springfield for about eighteen months, during all which time the plaintiff had known Hibbard…

1Opinion of the CourtChapman, J.

The fact that Hibbard was intemperate in his habits, and neglected his business, would be competent evidence having some tendency to prove that the firm was insolvent. It tended to prove the existence of a cause of which insolvency would be the natural and probable effect. In some cases such evidence might be very slight; but the jury would be the judges *163of its weight. The fact that the plaintiff lived near by, that he had known Hibbard during his whole residence in Springfield, and was in the habit of being in and out of his store and of having his clothes made there, would be competent…

2Cases cited1 opinion

  1. Brown v. WebberMassachusetts Supreme Judicial Court · 1850

3Cited by7 opinions

  1. Peabody v. KnappMassachusetts Supreme Judicial Court · 1891
  2. Bush v. BoutelleMassachusetts Supreme Judicial Court · 1892
  3. Killam v. PeirceMassachusetts Supreme Judicial Court · 1891
  4. Bliss v. CrosierMassachusetts Supreme Judicial Court · 1893
  5. Leighton v. MorrillMassachusetts Supreme Judicial Court · 1893

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