Fisk v. Brackett
Supreme Court of Vermont
Assumpsit for goods sold and delivered. The plaintiffs were the assignees, under the insolvent laws of Massachusetts, of Arthur Stowell, who was a citizen of that State, and who, prior to his insolvency, sold the goods in question, in Massachusetts, to the defendant, who then, and at the time of the appointment of the plaintiffs as Stowell’s assignees, was also resident there.
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Assumpsit for goods sold and delivered. The plaintiffs were the assignees, under the insolvent laws of Massachusetts, of Arthur Stowell, who was a citizen of that State, and who, prior to his insolvency, sold the goods in question, in Massachusetts, to the defendant, who then, and at the time of the appointment of the plaintiffs as Stowell’s assignees, was also resident there. The facts that Stowell was declared an insolvent under the laws of Massachusetts, that the plaintiffs were duly appointed his assignees under such laws, and that all his effects, including this claim against the…
1Opinion of the CourtRoland, J.
There is no subject upon which greater conflict and confusion exists, both in the decisions of courts and among elementary writers, than upon the legal effect of an assignment under the bankrupt or insolvent laws of a country, upon the property of the bankrupt or insolvent in another jurisdiction. But in the present case it does not become necessary at al to enter into this extensive field of legal discussion, for at the time this debt was contracted the defendant and the insolvent were both residents of Massachusetts; the debt was contracted there, and all the parties continued to be…
2Cases cited4 opinions
- Pickering v. FiskSupreme Court of Vermont · 1834
- Bird v. CaritatNew York Supreme Court · 1807
- Raymond v. JohnsonNew York Supreme Court · 1814
- Orr v. AmoryMassachusetts Supreme Judicial Court · 1814