Mussey v. Noyes
Supreme Court of Vermont
Trespass for taking and carrying away certain articles of personal property. Plea, not guilty and trial by jury. On the trial the plaintiffs read in evidence the written assignment of one Asa Low, and proved the execution and delivery of the same; and also offered evidence tending to prove that at the time of the delivery of said assignment, said Low was indebted to the assignees in about the sum of forty thousand dollars, and the amount which the assignment was next made to…
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Trespass for taking and carrying away certain articles of personal property. Plea, not guilty and trial by jury. On the trial the plaintiffs read in evidence the written assignment of one Asa Low, and proved the execution and delivery of the same; and also offered evidence tending to prove that at the time of the delivery of said assignment, said Low was indebted to the assignees in about the sum of forty thousand dollars, and the amount which the assignment was next made to secure was about the sum of forty thousand dollars, and it was conceded, that the debts mentioned and described in said…
1Opinion of the Court
The opinion of the court was delivered by
Red field, Ch. J.
This was a case involving the validity of a general trust assignment for the benefit of creditors. The property assigned amounted to more than $80,000. The facts necessary to the understanding of the case will appear in the course of the opinion.
I. It is objected that'the assignment is void, by reason of the assignees having-power to sell on credit. Their powers are thus specified in the deed of assignment: “ Shall forthwith take possession of the same, and shall faithfully, and as soon as practicable, and in the -most beneficial…
2Cases cited11 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Pratt v. AdamsNew York Court of Chancery · 1839
- Meacham v. SternesNew York Court of Chancery · 1842
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
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3Cited by16 opinions
- Riley v. CarterCourt of Appeals of Maryland · 1893
- Merrill, Townsend & Boynton v. EnglesbySupreme Court of Vermont · 1855
- Missouri-American Electric Co. v. Hamilton Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1908
- Kyle v. HarveysWest Virginia Supreme Court · 1885
- McDonald v. First Nat. Bank of AttleboroCourt of Appeals for the First Circuit · 1934
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