Clark v. Holmes
Supreme Judicial Court of Maine
Report on. agreed statement of facts. The defendant on the 10th day of April, 1911, made a common law assignment for the benefit of his creditor's to Leo D. Lamond, wherein he offered 25 per cent to all creditors who became parties to said assignment.
Read the full summary
Report on. agreed statement of facts. The defendant on the 10th day of April, 1911, made a common law assignment for the benefit of his creditor's to Leo D. Lamond, wherein he offered 25 per cent to all creditors who became parties to said assignment. The plaintiff in this action did not assent to said assignment, but on the 12th day of May, 1911, commenced this action and summoned said Lamond as trustee, and made it returnable to the Municipal Court for the city of Eastport. By agreement of parties, and upon an agreed statement of facts, the case was certified to the Chief Justice in…
1Opinion of the CourtSavage, C. J.
The defendant, oh April io, 1911, made a common law assignment of all his estate for the benefit of all his creditors who should become parties to the same to Leo D. Lamond, who has been summoned as trustee in this action. The. assignee notified the several creditors of the debtor of the assignment and offered' to pay twenty-five per cent to all creditors who became parties to- the assignment. No creditor signified his assent by signing the assignment. Pour creditors in reply to the notice from the assignee wrote to him as follows: — One Frye & Co. on April 20 wrote, “Yours of the 17th Re A.…
2Cases cited1 opinion
- Nutter v. KingMassachusetts Supreme Judicial Court · 1890