Smith v. Millett
Supreme Court of Rhode Island
Case against the defendant as garnishee. Heard by the court. These actions were brought against the defendant, Millett, as trustee for S. S. Humes & Co., upon his answers to interrogatories. Millett was assignee of S. S. Humes & Co., under the assignment annexed.
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Case against the defendant as garnishee. Heard by the court. These actions were brought against the defendant, Millett, as trustee for S. S. Humes & Co., upon his answers to interrogatories. Millett was assignee of S. S. Humes & Co., under the assignment annexed. Joseph Smith & Co. sued S. S. Humes & Co., the writ being served by foreign attachment upon Millett, as trustee, July 18, 1874, at 4 P. M. Judgment for plaintiffs was rendered June 17, 1876, for debt and costs, $441.75. W. Congdon & Sons sued S. S. Humes & Co., the writ being served by foreign attachment upon Millett, as trustee,…
1Opinion of the CourtPottbk, J.
One of the questions raised in this case is whether when an assignment has been made for the benefit of creditors, on condition of their releasing within a specified time, and providing that the shares of those who do not so release shall be paid back to the assignor, the assignee can be garnished for the share of a creditor who does not accept the terms of the assignment before the service of the writ on the garnishee.
It is not necessary here to consider whether if the deed had provided that in case of non-acceptance the share of the non-accepting party should have been paid to those…
2Cases cited14 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Nicoll v. MumfordNew York Court of Chancery · 1820
- Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
- Widgery v. HaskellMassachusetts Supreme Judicial Court · 1809
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3Cited by1 opinion
- Maertens v. ScottSupreme Court of Rhode Island · 1911