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National Radiator Corporation v. Parad Et

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eBook details

  • Title: National Radiator Corporation v. Parad Et
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 26, 1937
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

QUA, Justice. The plaintiff is the assignee of a judgment against the defendant Parad. The present bill is brought against Parad and also against one Fishbon and the Holy Greek Orthodox Church of St. John and Baptist, hereinafter called the Church, and others for the principal purpose of reaching and applying to the payment of the judgment a promissory note given by the Church to one Polisner and by him transferred to Parad. It is alleged that Parad in turn transferred this note to Fishbon in fraud of the plaintiff. At a hearing on the merits the Judge found these facts: The Church had given the note to Polisner in part payment for a heating system which Polisner and Parad had contracted to install in the church building 'as a partnership undertaking.' When the work was substantially completed 'they arranged together to wind up the business and agreed that after the outstanding bills * * * were paid the note should be paid over by Polisner to Parad to collect and to pay over to Polisner out of the proceeds a sum agreed upon as his share of the profits of the partnership undertaking.' Thereafter Polisner turned the note over to Parad indorsed in blank. Parad transferred it to Fishbon with actual intent to defraud Parad's creditors. Fishbon gave no consideration and participated in the fraud.


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