Nutter v. King
Massachusetts Supreme Judicial Court
Tort, for false answers alleged to have been made by the defendant in answer to a trustee process. At the trial in the Superior Court, before Dewey, J., it appeared that Carrie A. Ingalls, on May 29, 1888, made an assignment to the defendant for the benefit of such of her creditors as should “ verbally or in writing assent to this assignment to the amount of their claim.” On May 31, 1888, the plaintiff brought an action against Ingalls, and summoned the defendant as trustee.
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Tort, for false answers alleged to have been made by the defendant in answer to a trustee process. At the trial in the Superior Court, before Dewey, J., it appeared that Carrie A. Ingalls, on May 29, 1888, made an assignment to the defendant for the benefit of such of her creditors as should “ verbally or in writing assent to this assignment to the amount of their claim.” On May 31, 1888, the plaintiff brought an action against Ingalls, and summoned the defendant as trustee. In his sworn answer, the defendant disclosed that property of Ingalls had come into his hands as such assignee from…
1Opinion of the CourtKnowlton, J.
The assignment to the defendant was in terms for the benefit of such of the creditors of the assignor as should “ verbally or in writing assent ” to it. It was not necessary that their verbal assent should be express. Any language and conduct which, reasonably interpreted, affirmatively showed assent, was enough to answer the requirement of the instrument and to give it validity. The ruling of the court upon this part of the case was correct. May v. Wannemacher, 111 Mass. 202. Pierce v. O'Brien, 129 Mass. 314. Jones v. Tilton, 139 Mass. 418.
The court declined to instruct the jury, as…
2Cases cited3 opinions
- May v. WannemacherMassachusetts Supreme Judicial Court · 1872
- Pierce v. O'BrienMassachusetts Supreme Judicial Court · 1880
- Jones v. TiltonMassachusetts Supreme Judicial Court · 1885
3Cited by6 opinions
- Commonwealth v. GaleMassachusetts Supreme Judicial Court · 1944
- A. G. Walton & Co. v. LevensonMassachusetts Supreme Judicial Court · 1937
- Gordon Oil Co. v. Cities Service Refining Co.Court of Appeals for the First Circuit · 1930
- Clark v. HolmesSupreme Judicial Court of Maine · 1913
- McLaughlin v. B. B. Noyes Co. & Trs.Massachusetts District Court, Appellate Division · 1940
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