Fall River Iron Works Co. v. Croade & Trustee
Massachusetts Supreme Judicial Court
Upon a case stated, it appeared, that on June 2, 1829, a bi-partite deed of assignment was executed in the State of Rhode Island, by the defendant as the assignor, and by the assignees, which purported to convey all the real and personal property of the defendant to the assignees, in trust for the benefit of his creditors, some of whom were preferred ; that none of the assignees were creditors, with the exception of William Richmond 2d ; that the proceeds of the property…
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Upon a case stated, it appeared, that on June 2, 1829, a bi-partite deed of assignment was executed in the State of Rhode Island, by the defendant as the assignor, and by the assignees, which purported to convey all the real and personal property of the defendant to the assignees, in trust for the benefit of his creditors, some of whom were preferred ; that none of the assignees were creditors, with the exception of William Richmond 2d ; that the proceeds of the property would not exceed the sum of $11,500 ; that the debts due from the defendant to the preferred creditors amounted to the sum…
1Opinion of the Court
Morton J.
drew up the opinion of the Court. Scarcely any subject has been more frequently before our Court or commanded more of its attention, than that of trust assignments. And it may reasonably be presumed, that the principles applicable to them are as well settled as any in our jurisprudence. Our laws of attachment and other local legislation may have given to them some peculiarities. But a long course of judicial decisions has reduced them to a system which is, in itself, symmetrical, and, in practice, operates favorably.
Assignments by insolvent debtors in trust to pay their debts, either…
2Cases cited6 opinions
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Widgery v. HaskellMassachusetts Supreme Judicial Court · 1809
- Hatch v. SmithMassachusetts Supreme Judicial Court · 1809
- Meeker v. WilsonU.S. Circuit Court for the District of Massachusetts · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Berghoff v. StateNebraska Supreme Court · 1888