Enos v. Tuttle
Supreme Court of Connecticut
THIS was a scire-facias, in a process of foreign attachment, tried at Hartford, February term, 1819, before Trumbull, Hosmer, and Peters, Js. The absconding debtor, was Green Bixby.
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THIS was a scire-facias, in a process of foreign attachment, tried at Hartford, February term, 1819, before Trumbull, Hosmer, and Peters, Js. The absconding debtor, was Green Bixby. He had taken some horses to Hartford, and, claiming to act only as the agent of Julius Bixby, had sold them as his property, to the defendant ; for which the defendant gave a promissory note, dated the 24th of September, 1816, for 152 dollars, payable to Julius Bixby, or his order, at a future day. Before this note became payable, Julius Bixby assigned and endorsed it over to Peter B. Guernsey, who now holds it,…
1Opinion of the Court
Hosmer, Ch. J.
There exists no doubt, that a debt due, or negotiable note, before it has been negotiated, may be attached on a demand against the payee, liable to be defeated by the transfer of the note, at any time before it falls due. And even after the transfer, if it was merely voluntary, of fraudulently made, to protect the debt from creditors, it is attachable in the same manner. In Starr v. Tracy & al., 2 Root, 528. it was determined, that the goods of an absconding debtor, covered by a fraudulent conveyance, were liable to a foreign attachment for his debt.
Was the money due from the…
2Cited by4 opinions
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- Bills v. . National Park Bank of N.Y.New York Court of Appeals · 1882
- Kossover v. Willimantic Trust Co.Supreme Court of Connecticut · 1936
- Kieffer v. EhlerSupreme Court of Pennsylvania · 1852