Morgan v. Abbott
Decision Date | 28 February 1889 |
Citation | 148 Mass. 507,20 N.E. 165 |
Parties | MORGAN v. ABBOTT. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
F.S. Hesseltine, for plaintiff.
G.F. Richardson and E.F. Johnson, for defendant.
In the ordinary case of a fraudulent conveyance which may be avoided by creditors, an assignee in insolvency of the grantor, having the right to elect whether to avoid or affirm it, must distinctly manifest his election to avoid it, before he can transfer to a third person his right to contest its validity. Freeland v. Freeland, 102 Mass. 475; Tuite v. Stevens, 98 Mass. 305. The same rule should apply to the case of a preference, or of a conveyance made with a view to prevent the property from coming to the assignee, which the assignee might avoid, under Pub.St. c. 157, §§ 96, 98. There was nothing in the case to show that the assignee had ever made such election, or even that he was aware of the conveyance to the defendant. For this reason an action cannot be maintained by the plaintiff in his own name to recover the value of the property in controversy.
Exceptions overruled.
To continue reading
Request your trial-
Fisher v. Utendorfer
...the judgment lien, nor the plaintiff's title acquired thereunder, on the ground that it is a preference. In re Church, supra; Morgan v. Abbott, 148 Mass. 507; Tuite v. Stevens, 98 Mass. Thos. Hessian, for respondent. Cited Yanish v. Pioneer, 60 Minn. 321; Thomas v. Beals, 154 Mass. 51; Hast......
-
Lewis v. First Nat. Bank
... ... unpaid stock subscriptions from the stockholders of an Oregon ... corporation. In Morgan v. Abbott, 148 Mass. 507, 20 ... N.E. 165, it was held that in case of fraudulent conveyances ... which might be avoided by creditors the ... ...
-
In re Downing
...on Fraudulent Conveyances, 203, Sec. 11; In re Cornell, 110 N.Y. 351, 18 N.E. 142; Bostwick v. Scott, 40 Hun (N.Y.) 212; Morgan v. Abbott, 148 Mass. 507, 20 N.E. 165; Freeland v. Freeland, 102 Mass. 475. But it seem that, in case of an assignee having the right to elect whether or not he wi......
-
Wooten v. Robins
... ... Freeland, 102 Mass. 477; Butler v. Hildreth, 5 ... Metc. 49; Snow v. Lang, 2 Allen, 18; Harvey ... v. Varney, 98 Mass. 118; Morgan v. Abbott ... (Mass.) 20 N.E. 165; Warren v. Williams, 52 Me ... 343; Butler v. O'Brien, 5 Ala. 316. In Kahn ... v. Peter, 104 Ala. 523, 16 So ... ...