Strong v. Carrier
Supreme Court of Connecticut
This was an action of trespass de bonis asporlatis. The defendants pleaded the general issue, with notice of special matter to be given in evidence..
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This was an action of trespass de bonis asporlatis. The defendants pleaded the general issue, with notice of special matter to be given in evidence.. The cause was tried at Haddam, August term, 1844, before Waite, J. The plaintiff claimed title to the property specified in the declaration, as assignee of Julius Brainerd; and in support of such title, he offered in evidence the following instrument of assignment: “ Be it known, that I, Julius Brainerd, of Chat-ham, &c. being in embarrassed circumstances and unable to pay my debts, and being desirous that my property should be divided among my…
1Opinion of the Court
Chürcii, J.
We have considered the several objections which have been made to the legality of this assignment; and although some of them have suggested strong doubts, yet we are not persuaded that any of them should prevail to produce a new trial.
1. The deed of assignment is general, without any specification or description of the articles of personal estate conveyed by it. If this had been an ordinary assignment, made irrespective of proceedings under the statute of 1828, as was the deed of trust in the case of Drakeley v. De Forest, 3 Conn. R. 272. this objection might have required a more…
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