NORTHBOROUGH NATIONAL BANK v. RISLEY


384 Mass. 348 (1981)

424 N.E.2d 522

NORTHBOROUGH NATIONAL BANK vs. FREDERICK A. RISLEY.

Supreme Judicial Court of Massachusetts, Worcester.

August 12, 1981.


Attorney(s) appearing for the Case

Darragh K. Kasakoff for the defendant.

Shirley A. Doyle (Thomas J. Donahue, Jr., with her) for the plaintiff.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & NOLAN, JJ.


BRAUCHER, J.

A debtor conveys property to his wife, and she conveys it to her sister's husband, all with an intent to put the property beyond the reach of a creditor. Before the creditor's claim is reduced to judgment, with knowledge of the fraudulent intent, the transferee participates in a sale of the property to a good faith purchaser for fair consideration, and pays over the net proceeds to the debtor. Taking into account the extent of the transferee's participation...

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