Morgan v. Abbott

Decision Date28 February 1889
Citation148 Mass. 507,20 N.E. 165
PartiesMORGAN v. ABBOTT.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
COUNSEL

F.S. Hesseltine, for plaintiff.

G.F. Richardson and E.F. Johnson, for defendant.

OPINION

C. ALLEN, J.

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
6 cases
  • Fisher v. Utendorfer
    • United States
    • Minnesota Supreme Court
    • May 12, 1897
    ...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
    • United States
    • Oregon Supreme Court
    • November 28, 1904
    ... ... 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
    • United States
    • U.S. District Court — Northern District of New York
    • January 5, 1912
    ...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
    • United States
    • Alabama Supreme Court
    • January 15, 1900
    ... ... 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 ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT