Abbott v. Davidson
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This action was assumpsit on book account brought in the District Court of the Sixth Judicial District and taken by the defendant’s appeal to the Court of Common Pleas. The writ was issued December 19, 1890, and was on that day served by garnishment upon Jane Dewsnap and Arabella Dewsnap, with whom the defendant May 21, 1890, had made a written contract to -build a house.
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Exceptions to the Court of Common Pleas. This action was assumpsit on book account brought in the District Court of the Sixth Judicial District and taken by the defendant’s appeal to the Court of Common Pleas. The writ was issued December 19, 1890, and was on that day served by garnishment upon Jane Dewsnap and Arabella Dewsnap, with whom the defendant May 21, 1890, had made a written contract to -build a house. May 28, 1890, Davidson assigned his claims under this contract to one Hubbard. The garnishees’ affidavit disclosed funds and notice'of Hubbard’s claim under the assignment. December…
1Opinion of the CourtMatteson, C. J.
We find no error in the refusal of the court below to charge the garnishees.
First-. The defendant contends that the permission by Hubbard as assignee of the contract to the defendant to receive the moneys which had become due under it prior to the attachment was fraudulent as against the plaintiff, an attaching creditor, and, therefore, that Hubbard is estopped from claiming the fund as against the plaintiff. We do not think that the fact that Hubbard permitted the defendant to receive the moneys was conclusively fraudulent in law. It was, at most, a fact from which, if nothing else appeared…
2Cited by1 opinion
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