Haughton v. Davis
Supreme Judicial Court of Maine
This was a bill in equity, and was heard on the bill, as amended, and on the first and second answers. The substance of the bill and answers, as well as of the assignment referred to therein, appears in the opinion of the Court. contending among other grounds, that the plaintiffs were creditors, and that the defendant had, as assignee, received funds from the effects of the debtor, and had not paid over to the plaintiffs their proportion.
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This was a bill in equity, and was heard on the bill, as amended, and on the first and second answers. The substance of the bill and answers, as well as of the assignment referred to therein, appears in the opinion of the Court. contending among other grounds, that the plaintiffs were creditors, and that the defendant had, as assignee, received funds from the effects of the debtor, and had not paid over to the plaintiffs their proportion. These facts are sufficient to enable us to support our bill. Each party interested may proceed, and assert his rights. The refusal of one cannot prejudice…
1Opinion of the Court
The opinion of the Court was by
Sheplex J.
This case is presented for decision upon the bill and answer. The bill alleges in substance, that James S. Manley, in the month of March, 1838, assigned his property to the defendant in trust for the benefit of such of his creditors as should become parties to the deed; that the defendant accepted the trust, took possession of the property, and proceeded to execute the trust; that the plaintiffs became parties and entitled to a proportion of the trust fund to be distributed pro rata among those entitled according to their respective debts ; and that…
2Cases cited3 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Egberts v. WoodNew York Court of Chancery · 1831
3Cited by2 opinions
- Harrison & Calhoon v. South Carthage Mining Co.Missouri Court of Appeals · 1904
- Edmondson v. HarrisCourt of Appeals of Tennessee · 1875