Blume v. Gilbert
Massachusetts Supreme Judicial Court
Contract upon two promissory notes signed by the defendant. At the trial in the Superior Court, before Pitman, J., Samuel R. Payson, summoned, on May 6, 1876, as trustee of the defendant, filed an answer, admitting funds in his hands belonging to the defendant, and setting up a previous assignment of the funds by the defendant to Charles H. Williams.
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Contract upon two promissory notes signed by the defendant. At the trial in the Superior Court, before Pitman, J., Samuel R. Payson, summoned, on May 6, 1876, as trustee of the defendant, filed an answer, admitting funds in his hands belonging to the defendant, and setting up a previous assignment of the funds by the defendant to Charles H. Williams. After the service of the writ upon the trustee, a petition in bankruptcy was filed by the defendant in the District Court of the United States for the District of Massachusetts within four months of that time, namely, on August 21, 1876, upon…
1Opinion of the CourtGray, C. J.
The only ground upon which the plaintiff could have the trustee charged, or a special judgment rendered against the fund in his hands, was a valid subsisting attachment of the fund as the property of the principal defendant. But all attachments of a defendant’s property, made, as this was, within four months before the commencement of proceedings in bankruptcy, are discharged by the assignment in bankruptcy. U. S. Rev. Sts. § 5044. No property of the defendant being held by the attachment, the court cannot, in .this case, pass upon the conflict ing rights of the assignee in pais and the…
2Cases cited2 opinions
- Peck Bros. & Co. v. StrattonMassachusetts Supreme Judicial Court · 1875
- Clark v. GardnerMassachusetts Supreme Judicial Court · 1877
3Cited by1 opinion
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903