¶1In 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 the Pub. Sts. 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.
148 Mass. 507
Morgan v. Abbott
Massachusetts Supreme Judicial Court
Decided February 27, 1889
Massachusetts Supreme Judicial Court · decided 1889-02-27
Tort by the assignee of an assignee in insolvency, to recover money paid by the insolvent debtor to a creditor in fraud of the insolvency laws. Writ dated October 17, 1887.
Relies on Freeland v. Freeland · Tuite v. Stevens
Good law ✅— No negative treatment on recordhow we know
Decided 1889-02-27
How this case has been cited
Cited by 5 later decisions — most recently January 1912
1 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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