Locke v. Winning
Massachusetts Supreme Judicial Court
This was an action of trover brought by the plaintiff as assignee of one Wilkins, a bankrupt, for the conversion of certain promissory notes described in the declaration.
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This was an action of trover brought by the plaintiff as assignee of one Wilkins, a bankrupt, for the conversion of certain promissory notes described in the declaration. October term, 1805, the action was submitted to the opinion of the Court on a case stated by the parties, from which, it appeared that Wilkins, the bankrupt, was, before and at the time of his bankruptcy, justly indebted to Winning, on a note of hand which Winning held against him; that about a fortnight before Wilkins's bankruptcy, he and Winning were together, when Winning told him that he did not like the appearance of…
1Opinion of the Court
The action stood continued until this term, when the judges present delivered their opinion as follows:—
Parker, J.
I am clear that the plaintiff in this action is entitled to judgment. The fact agreed, that the notes in question were transferred to the defendant in contemplation of an act of bankruptcy, appears to me to settle the case. It is true, upon general principles of law, that such a transaction would be good and valid. A creditor has a right to be vigilant, and to receive the benefit of his vigilance. But the policy of the bankrupt law is opposed to this preference of one creditor to…
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