Hanford v. Paine
Supreme Court of Vermont
Trustee process. The cause was referred to a commissioner) who reported that on the 18th of December, 1854, the defendant Paine, a resident of the State of New York, being insolvent, made in that State an assignment of all his property, both real and personal, to A. Fellows and Ilenry H. Hathorn, also residents of New York, in trust for the benefit of his creditors.
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Trustee process. The cause was referred to a commissioner) who reported that on the 18th of December, 1854, the defendant Paine, a resident of the State of New York, being insolvent, made in that State an assignment of all his property, both real and personal, to A. Fellows and Ilenry H. Hathorn, also residents of New York, in trust for the benefit of his creditors. In this assignment certain of the assignor’s creditors were preferred, among whom were the assignees themselves. The assignment was in all respects in accordance with the laws of New York, but the provisions of the statute of this…
1Opinion of the Court
Redfield, Ch. J.
The general question involved in this case is one of a good deal of practical importance, and one in regard to which there is obviously more or less conflict among the decisions in other States,
*452There are some points in regard to which we think there is no just ground of controversy. We see no good reason why any different rule should be applied to this case, because of the extent and variety of the property involved. It would be difficult, if not impossible to define a rule upon this subject resting upon any such basis. All would agree, we believe, that if the assignor had…
2Cases cited4 opinions
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Peck v. HibbardSupreme Court of Vermont · 1854
- Dundas v. BowlerU.S. Circuit Court for the District of Southern Ohio · 1844
- Atwood v. Protection Insurance Co.Supreme Court of Connecticut · 1842
3Cited by12 opinions
- Weider v. MaddoxTexas Supreme Court · 1886
- Askew v. La Cygne Exchange BankSupreme Court of Missouri · 1884
- Clark v. Connecticut Peat Co.Supreme Court of Connecticut · 1868
- In re Paige & Sexsmith Lumber Co.Supreme Court of Minnesota · 1883
- Martin v. L. Potter & Co.Supreme Court of Vermont · 1861
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