Hartwell v. Gurney
Supreme Court of Rhode Island
Bill in Equity brought by the complainants for themselves and other creditors of the respondent’s assignor for an account, for the removal of the respondent as assignee, and to charge him with the amount bid at an auction sale held by him as assignee. Heard on bill, answer, and proof.
1Opinion of the CourtDurfee, C. J.
The question here presented arises upon the following facts disclosed by the pleadings and evidence, to wit: On August 27, 1884, Smith Shaw made a general assignment to the defendant for the benefit of his creditors. A part of the assigned property consisted of a summer hotel or shore resort, with the buildings connected therewith and the furniture therein, situated on leased land in East Providence, •and was subject to a mortgage for $1,500 with accrued interest, which the defendant satisfied to prevent foreclosure. / This property was advertised for sale at auction. At the auction sale it…
2Cases cited2 opinions
- Peck v. ListWest Virginia Supreme Court · 1883
- Baham v. BachSupreme Court of Louisiana · 1839
3Cited by2 opinions
- Anderson v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
- McPherson Bros. v. Okanogan CountyWashington Supreme Court · 1907