Sawyer v. Levy
Massachusetts Supreme Judicial Court
Trustee process. Writ dated April 22, 1883. T. L. Haynes, summoned as trustee, answered that at the time of the service of the writ upon him he had certain funds in his hands due the defendants; and that prior to the service of the writ he had received notice that the funds had been assigned to one Aaron Slater, who demanded payment thereof. Slater appeared as claimant of the funds in the hands of the trustee, under the assignment.
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Trustee process. Writ dated April 22, 1883. T. L. Haynes, summoned as trustee, answered that at the time of the service of the writ upon him he had certain funds in his hands due the defendants; and that prior to the service of the writ he had received notice that the funds had been assigned to one Aaron Slater, who demanded payment thereof. Slater appeared as claimant of the funds in the hands of the trustee, under the assignment. At the trial in the Superior Court, before Mason, C. J., without a jury, Slater testified that, at the time of making the assignment, the defendants were indebted…
1Opinion of the CourtAllen, J.
The assignment by the defendants to Slater was no doubt a preference, which might be avoided by assignees in insolvency if the defendants were subject to our insolvent laws. Pub. Sts. c. 157, § 96. But no proceedings in insolvency could be taken against them by reason of their non-residence. A preference, given by an insolvent debtor to a bona fide creditor cannot be avoided by an attaching creditor, whether the form of preference which is adopted is a general assignment for the benefit of such creditors as should assent thereto, or an assignment for the benefit of certain specified…
2Cases cited3 opinions
- National Mechanics' & Traders' Bank v. Eagle Sugar RefineryMassachusetts Supreme Judicial Court · 1871
- Train v. KendallMassachusetts Supreme Judicial Court · 1884
- First National Bank v. SmithMassachusetts Supreme Judicial Court · 1882
3Cited by8 opinions
- Cosmopolitan Trust Co. v. S. L. Agoos Tanning Co.Massachusetts Supreme Judicial Court · 1923
- Lyon v. WallaceMassachusetts Supreme Judicial Court · 1915
- Pereira v. Dow Chemical Co. (In Re Trace International Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 2003
- Traders' National Bank v. SteereMassachusetts Supreme Judicial Court · 1896
- Sinclair v. Napoli Cafeteria, Inc.Massachusetts Supreme Judicial Court · 1923
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