Barton v. White
Massachusetts Supreme Judicial Court
Bill in equity, filed January 26, 1886, by the assignee in insolvency of the estate of Reynolds T. White, against said White, John J. McNutt, and Edward Hobbs, containing the following allegations: On September 10, 1885, the plaintiff was duly appointed assignee of the estate of said Reynolds T. White, an .insolvent debtor, and on the same day all the estate, real and personal, of said White, including all the property of which he was possessed, or which he was interested in…
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Bill in equity, filed January 26, 1886, by the assignee in insolvency of the estate of Reynolds T. White, against said White, John J. McNutt, and Edward Hobbs, containing the following allegations: On September 10, 1885, the plaintiff was duly appointed assignee of the estate of said Reynolds T. White, an .insolvent debtor, and on the same day all the estate, real and personal, of said White, including all the property of which he was possessed, or which he was interested in or entitled to, on August 5, 1885, was assigned to the plaintiff, as assignee, by the judge of the Court of Insolvency.…
1Opinion of the CourtC. Allen, J.
We have no doubt that it was the intention of the Legislature, in enacting the statute relating to insolvent •debtors, to include patents as property which should pass to the assignee by the assignment. This was so declared in Carver v. Peck, 131 Mass. 291, though the point was not essential to the *283decision. There is nothing in the nature of a patent to prevent it from so passing. Ager v. Murray, 105 U. S. 126. But it has been considered that an assignee in insolvency does not acquire a title merely by force of the assignment, and without a conveyance by the debtor; the reason given being…
2Cases cited5 opinions
- Ager v. MurraySupreme Court of the United States · 1882
- Carver v. PeckMassachusetts Supreme Judicial Court · 1881
- Warren v. Warren Thread Co.Massachusetts Supreme Judicial Court · 1883
- Ashcroft v. WalworthU.S. Circuit Court for the District of Massachusetts · 1872
- Bassett v. ParsonsMassachusetts Supreme Judicial Court · 1885
3Cited by6 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Vail v. HammondSupreme Court of Connecticut · 1891
- Lothrop Publishing Co. v. Lothrop, Lee & Shepard Co.Massachusetts Supreme Judicial Court · 1906
- Fish v. FiskeMassachusetts Supreme Judicial Court · 1891
- Goreley v. ButlerMassachusetts Supreme Judicial Court · 1888
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