Farr v. Brackett
Supreme Court of Vermont
The only question in this case related to the liability of the trustee. The case was referred to a commissioner, who reported the following facts: The defendant, on the 2d of May, 1854, being insolvent, made an assignment of all his property, both real and personal, to the trustee, Chapin, in trust, for the benefit of his creditors. The trustee accepted the trust and took possession of the property desscribed in the assignment.
Read the full summary
The only question in this case related to the liability of the trustee. The case was referred to a commissioner, who reported the following facts: The defendant, on the 2d of May, 1854, being insolvent, made an assignment of all his property, both real and personal, to the trustee, Chapin, in trust, for the benefit of his creditors. The trustee accepted the trust and took possession of the property desscribed in the assignment. The property assigned was subject to several attachments at the time of the assignment, but before the service of the writ in this case upon the trustee, he had paid…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question in the case is in relation to the effect of the statute of 1852, relative to assignments, in respect to the act of 1843, which declares all general assignments to be null and void. Does the latter act operate by implication to repeal the former? In the case of Bartlett v. King, 12 Mass. 545, the rule is laid down, that a subsequent statute revising the whole subject matter of a former one, and evidently intended as a substitute for it, although it contains no express words to that effect, will still operate to repeal the…
2Cases cited1 opinion
- Trustees of Phillips Academy v. KingMassachusetts Supreme Judicial Court · 1815
3Cited by12 opinions
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Connelly v. City of BridgeportSupreme Court of Connecticut · 1926
- State v. SmithSupreme Court of Vermont · 1890
- Barton National Bank v. AtkinsSupreme Court of Vermont · 1899
- Gill v. Goldfield Consolidated Mines Co.Nevada Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.