Boylen v. Leonard
Massachusetts Supreme Judicial Court
Trustee process, commenced in October 1860. In January-preceding, the defendant executed the assignment copied in the margin.* The material portions of the trustees’ answer are stated in the opinion. At the hearing in the superior court, before Morton, J., the trustees were charged, and appealed.
1Opinion of the CourtDewey, J.
It would have been competent for the plaintiff in the superior court to deny that there was any adequate consideration for this assignment, or to show that the making of the assignment was fraudulent, and designed by the parties to cover the earnings of the assignor for his own use and benefit, and in fraud of his creditors. But no such objection appears to have been taken in the present case, and we are therefore to assume the *408assignment to have been made bona fide, and upon a good consideration ; and only the legal question remains as to its operation in reference to the earnings sought to…
2Cases cited1 opinion
- Millett v. ParkerCourt of Appeals of Kentucky · 1859
3Cited by2 opinions
- Brooks Co. v. TolmanOhio Circuit Courts · 1905
- Brooks Co. v. TolmanCuyahoga Circuit Court · 1905