England v. Adams , 157 Mass. 449 ( 1892 )

Holmes, J.

The plaintiffs are not entitled to recover in this action for goods sold upon a credit which had not expired at the date of the writ. The defendant was guilty of no fraud at the time of making the purchases. If he made a conveyance in fraud of his creditors afterwards, this would not warrant an avoidance of the contracts, and without avoiding the express contracts the time of payment mentioned in them cannot be accelerated. Exceptions overruled.