Hall v. Haskell

CourtUnited States State Supreme Judicial Court of Massachusetts
Citation169 Mass. 291,47 N.E. 882
PartiesHALL v. HASKELL et al.
Decision Date20 October 1897
COUNSEL

Elisha S. Hall, pro se.

George C. Abbott and Stephen H. Tyng, for defendants.

OPINION

BARKER, J.

On December 3, 1895, the debtor owing the defendants sold his stock of goods, and received in payment from the purchaser some cash, the assumption of a mortgage, a promissory note, and an order for the sum of $400, drawn in favor of the defendants, and accepted by the purchaser. The cash, the note, and the order were then the property of the debtor. The order was, on the same day, taken by the defendants' agent, and was delivered by him to them, and was credited by them to the debtor as a payment upon the account which he owed to the defendants. It was competent for the presiding justice to find, as he did, that the order was given as and for a payment at the time. By this payment the order, which was the debtor's property, was transferred to the defendants in preference, and the rulings refused were, upon this state of facts, immaterial. Exceptions overruled.

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  • Hall v. Haskell
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 20 Octubre 1897
    ...169 Mass. 29147 N.E. 882HALLv.HASKELL et al.Supreme Judicial Court of Massachusetts, Franklin.Oct. 20, Exceptions from superior court, Franklin county. Action under Pub.St. c. 157, § 96, by Elisha S. Hall, assignee of George M. Underwood, insolvent, against Jacob M. Haskell and others, for ......

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