Lupton v. Cutter
Massachusetts Supreme Judicial Court
The answers of Ebenezer Chadwick and John A. Bacon, the supposed trustees, disclosed the following facts. By an indenture, dated December 19th, 1826, made between the defendants, Cutter and Brigham, then merchants under the firm of Henry Cutter & Co., of die first part, Chadwick and Bacon of the second part, and certain creditors of the defendants of the third part, the defendants assigned to Chadwick and Bacon goods and merchandise, book debts, promissory notes, and other…
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The answers of Ebenezer Chadwick and John A. Bacon, the supposed trustees, disclosed the following facts. By an indenture, dated December 19th, 1826, made between the defendants, Cutter and Brigham, then merchants under the firm of Henry Cutter & Co., of die first part, Chadwick and Bacon of the second part, and certain creditors of the defendants of the third part, the defendants assigned to Chadwick and Bacon goods and merchandise, book debts, promissory notes, and other choses in action, to a large amount, for the benefit of the defendants’ creditors. Certain debts enumerated in one…
1Opinion of the Court
Parker C. J.
drew up the opinion of the Court. The answers of the respondents have raised a question as yet not decided, on the effect of an attachment by the trustee process, where the funds in the hands of the supposed trustee consist partly of goods, wares and merchandise, and partly of choses in action, or debts due to the principal debtor. And it is a question of considerable importance and great influence upon the mercantile concerns of the community, and especially upon the effect of assignments by insolvent debtors, which, for want of a regular system of bankruptcy established by law,…
2Cases cited3 opinions
- Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
- Frothingham v. HaleyMassachusetts Supreme Judicial Court · 1807