In re the Assignment of E. E. Evans & Co.

On September 28, 1898, a suit was brought by the City Hall Bank against E. E. Evans & Co. on a promissory note before a justice of the *78peace. A judgment was recovered in favor of the Bank, on October 2, and on the same day a levy was made on the stock and machinery of the defendants.

On October 5 the defendants made an assignment to Ben B. Dale, in trust for the benefit of their creditors, and the assignee found the goods, so levied on, in charge of the constable under the execution and levy.

Thereupon an agreement was entered into by and between the City Hall Bank as creditor, Walter Lacy,…