Jewett v. Woodward
New York Court of Chancery
The bill in this cause was filed in behalf of the creditors of Beecher Porter, who had assigned his property to the defendants, William A. Woodward and Edward Kellogg, for the benefit of those persons to whom he was indebted. His failure took place at Columbia in South Carolina on the thirteenth day of February one thousand eight hundred and twenty-six.
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The bill in this cause was filed in behalf of the creditors of Beecher Porter, who had assigned his property to the defendants, William A. Woodward and Edward Kellogg, for the benefit of those persons to whom he was indebted. His failure took place at Columbia in South Carolina on the thirteenth day of February one thousand eight hundred and twenty-six. The trust for payment of the creditors was to this effect: “ To pay “ or cause to be paid whatever sums may be collected under “ the assignment in just and equal proportions to the just credi- “ tors of the said Beecher Porter ; provided that,…
1Opinion of the Court
The Vice-Chancellor.
In this case it is first contended, that the creditors have no rights under the assignment and cannot call the assignees to any account, without complying or •offering to comply with the condition of the assignment; and which, it is said, requires the creditors to discharge their debtor from all further demands before they can participate in the property assigned. Whether this be so, depends upon the meaning of the instrument: for it is undoubtedly true, that when a debtor makes a voluntary assignment of his property; and the creditors choose to come in under it and claim…
2Cited by7 opinions
- Frierson v. BranchSupreme Court of Arkansas · 1875
- McConnell v. . SherwoodNew York Court of Appeals · 1881
- In re the Assignment of Rauth & SonNew York Court of Common Pleas · 1880
- In re the Accounting of GinsburgNew York Supreme Court · 1899
- In re the Assignment of HobsonSupreme Court of Iowa · 1890
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