Legal Opinion

Atwood v. Holcomb

Supreme Court of Connecticut

Decided September 15, 1872PublishedCited by 15 opinions

Trover ; brought to the Court of Common Pleas of Hartford County, and tried, on the general issue, with notice, closed to the court, before Briscoe, J. Judgment for the plaintiff and motion for a new trial by the defendants. The facts are sufficiently stated in the opinion. The gift of the father to the son, of the avails of his labor thereafter, was not valid as against those who were creditors of the father at the time.

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Trover ; brought to the Court of Common Pleas of Hartford County, and tried, on the general issue, with notice, closed to the court, before Briscoe, J. Judgment for the plaintiff and motion for a new trial by the defendants. The facts are sufficiently stated in the opinion. The gift of the father to the son, of the avails of his labor thereafter, was not valid as against those who were creditors of the father at the time. It is too well settled to need citation of authorities that an insolvent debtor cannot make a gift which will be valid as against existing creditors. It is also well settled…

1Opinion of the CourtSbtmoue, J.

This case was tried in the Court of Common Pleas and judgment there given for the plaintiff. The defendants seek for a new trial. In their brief the defendants’ counsel state the facts thus:

On the 23d of March, 1867, the plaintiff was indebted to the defendant Holcomb and was insolvent. He had a son Arthur, seventeen years of age, and on that day gave him a letter of emancipation, by which he agfeed that his services and future earnings, which then belonged to the plaintiff, should belong thereafter to the son. There was no consideration whatever for this gift. In September of that year…

2Cases cited1 opinion

  1. Morse v. WeltonSupreme Court of Connecticut · 1827

3Cited by15 opinions

  1. Flynn v. BaisleyOregon Supreme Court · 1899
  2. Moody v. WalkerSupreme Court of Alabama · 1889
  3. Halliday v. MillerWest Virginia Supreme Court · 1887
  4. Clemens v. BrillhartNebraska Supreme Court · 1885
  5. Coatney v. HopkinsWest Virginia Supreme Court · 1878

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