Cropper v. Gorham
Massachusetts Supreme Judicial Court
Scire facias in the District Court of Southern Berkshire dated June 4, 1913, by John W. Cropper, an execution creditor of Thomas Carder of Pittsfield, against Mary T. Gorham, who had been summoned as trustee in the action in which the execution issued, Joseph Walker of Quincy having been permitted by an order of court of August 12, 1913, to intervene as a claimant; and Contract by Joseph Walker, as the common law assignee for the benefit of the creditors of Thomas Carder…
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Scire facias in the District Court of Southern Berkshire dated June 4, 1913, by John W. Cropper, an execution creditor of Thomas Carder of Pittsfield, against Mary T. Gorham, who had been summoned as trustee in the action in which the execution issued, Joseph Walker of Quincy having been permitted by an order of court of August 12, 1913, to intervene as a claimant; and Contract by Joseph Walker, as the common law assignee for the benefit of the creditors of Thomas Carder under an instrument in writing dated January 18, 1913, upon a contract in writing between Carder, doing business under the…
1Opinion of the CourtCarroll, J.
These two actions were tried together. The question in each case is the validity of a common law assignment for the benefit of creditors.
On January 18, 1913, Thomas Carder, while insolvent, made an *124assignment under seal “of all goods, wares, merchandise, . . . and all book accounts” to Joseph Walker, a creditor to whom he was indebted in the sum of $3,500, as trustee for the benefit of his creditors. On January 20 of the same year Walker signed the instrument as trustee and at the same time signed as a creditor, releasing his claim against Carder in these words, “hereby release the said…
2Cases cited6 opinions
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1873
- Rice v. CunninghamMassachusetts Supreme Judicial Court · 1875
- Douglas v. SimpsonMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Taylor v. Barton Child Co.Massachusetts Supreme Judicial Court · 1917
- Kagan v. Wattendorf & Co.Massachusetts Supreme Judicial Court · 1936
- Irving Levitt Co. v. Boone's, Inc.Massachusetts District Court, Appellate Division · 1964
- R. T. Arnold Lumber Corp. v. Empire Building Co.Massachusetts District Court, Appellate Division · 1950