Reddy v. Raymond
Massachusetts Supreme Judicial Court
Replevin, by the assignee under an assignment in writing under seal for the benefit of creditors made by Sidney T. Collis as assignor, for a stock of groceries, which the defendant, who was a deputy sheriff, had attached as the property of Collis. Writ in the Second District Court of Essex dated June 20, 1904. On appeal to the Superior Court the case was submitted to DeOourey, J. upon an agreed statement of facts.
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Replevin, by the assignee under an assignment in writing under seal for the benefit of creditors made by Sidney T. Collis as assignor, for a stock of groceries, which the defendant, who was a deputy sheriff, had attached as the property of Collis. Writ in the Second District Court of Essex dated June 20, 1904. On appeal to the Superior Court the case was submitted to DeOourey, J. upon an agreed statement of facts. The judge found for the plaintiff, and assessed damages in the sum of $1 and costs in accordance with a stipulation in the agreed statement of facts. The defendant appealed. The…
1Opinion of the CourtMorton, J.
The plaintiff, besides being the assignee named in the deed of assignment, was a creditor of the assignor, and his signature to the deed operated not only to create the relation of assignor and assignee between the debtor and himself, but also constituted an acceptance by him as a creditor of the provisions of the deed in accordance with the terms thereof. Hastings v. Baldwin, 17 Mass. 552. By his signature the deed of assignment became valid and effectual to the extent at least of the plaintiff’s claim as a creditor, and the plaintiff having taken possession under it of the property before…
2Cited by4 opinions
- Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
- Cropper v. GorhamMassachusetts Supreme Judicial Court · 1915
- Irving Levitt Co. v. Boone's, Inc.Massachusetts District Court, Appellate Division · 1964
- R. T. Arnold Lumber Corp. v. Empire Building Co.Massachusetts District Court, Appellate Division · 1950