Berry v. Cutts
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Appleton, J., presiding. Trustee’s Disclosure. Thomas Cutts, the principal defendant in this suit, being embarrassed in bis business affairs, made transfers of portions of bis estate to secure bis confidential creditors, and, soon afterwards executed an assignment of the balance of bis property, not exempt from attachment, for the benefit of bis creditors. Messrs.
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On Exceptions from Nisi Prius, Appleton, J., presiding. Trustee’s Disclosure. Thomas Cutts, the principal defendant in this suit, being embarrassed in bis business affairs, made transfers of portions of bis estate to secure bis confidential creditors, and, soon afterwards executed an assignment of the balance of bis property, not exempt from attachment, for the benefit of bis creditors. Messrs. Hayes and Nye, the persons summoned as trustees in this suit, were the assignees of Mr. Cutts. Mr. Hayes made bis disclosure, and, after it was placed on file, the plaintiff filed specifications…
1Opinion of the CourtRice, J.
It is provided, by c. 112, of laws of 1844, that all assignments made by debtors in this State, for the benefit of their creditors, shall provide for an equal distribution of all their estate, real and personal, among such of their predi*447tors as, after notice, become parties to said assignment, in proportion to the amount of their respective claims; excepting such property of said debtor as may be by law exempt from, attachment.
The obvious intention of the statute is, to secure the equal distribution of the effects of insolvent debtors, not exempt from attachment, among all their creditors, in…
2Cited by10 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.Supreme Court of Missouri · 1895
- Larrabee v. Franklin BankSupreme Court of Missouri · 1893
- Spellman v. FreedmanNew York Supreme Court · 1889
- Hyman v. BarmonWashington Supreme Court · 1893
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