Harvey v. Mix
Supreme Court of Connecticut
This was a scire facias in a process of foreign attachment, setting forth a judgment, obtained by the plaintiff, against Hosea B. Harvey, Samuel J. Root, William Needham, and Walter W. Scovill, partners, .under the firm of Harvey, Need-ham, Root & Co., before the city court, for the city of New Haven, holden on the 8th day of May, 1852, in an action of book debt.
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This was a scire facias in a process of foreign attachment, setting forth a judgment, obtained by the plaintiff, against Hosea B. Harvey, Samuel J. Root, William Needham, and Walter W. Scovill, partners, .under the firm of Harvey, Need-ham, Root & Co., before the city court, for the city of New Haven, holden on the 8th day of May, 1852, in an action of book debt. The present defendant was described in the original writ, and also in the scire facias, as the trustee and debtor of said copartnership. The cause was appealed to the superior court, and tried at the term, holden in October 1855.…
1Opinion of the CourtEllsworth, J.
Several questions are made in this case, which we shall not comment upon at length, as there is one, which in our view of the case, is decisive. The assignment of the 1st of September 1851, undoubtedly, is open to very serious objections, growing out of the general law of fraudulent conveyances, as well as the law of 1828. The liberty granted to the assignees, to dispose of the property as-' *423signed, “ as they saw fit,” and “ pay such other debts besides those named in the assignment, as the assignees may deem it prudent and proper to settle,” are provisions which clothe the trustees with…
2Cases cited1 opinion
- Fox v. SouthackMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- McClelland v. ScrogginNebraska Supreme Court · 1892
- Hall v. FeeneySouth Dakota Supreme Court · 1908
- Wooldridge v. IrvingUnited States Circuit Court · 1884