Fisk v. Weston
Supreme Judicial Court of Maine
In this case John P. Boyd, the trustee, disclosed that he was indebted to Weston, upon a contract for the building of a mill, and that he had accepted Weston’s order to pay the balance, which might be due to him on the contract, to Mark Trafton.
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In this case John P. Boyd, the trustee, disclosed that he was indebted to Weston, upon a contract for the building of a mill, and that he had accepted Weston’s order to pay the balance, which might be due to him on the contract, to Mark Trafton. Hereupon Trafton was summoned to become a party to the suit, pursuant to the statute; and an issue being formed to the jury to try the validity of this assignment of the debt to Trafton, it was found fraudulent and void. still contended that he ought to be discharged, notwithstanding the verdict. It cannot estop Boyd, for he was no party to the issue;…
1Opinion of the Court
Weston J.
delivered the opinion of the Court.
As the law in relation to foreign attachment originally stood, the question whether trustee or not, was to be determined by the disclosure of the supposed trustee alone; independent of any collateral inquiry whatever. Thus if he disclosed an assignment of the debt originally due from him to the principal defendant, to a third person, he could not be holden as trustee ; but was entitled to be discharged. This afforded facilities to debtors to defraud their creditors by putting, by means of fraudulent assignments, their goods and credits out of the…
2Cited by1 opinion
- Providence Institution for Savings v. BarrSupreme Court of Rhode Island · 1890