Noyes v. West
Massachusetts Supreme Judicial Court
This case was brought to a hearing in May, 1847, before the chief justice, by whom an opinion was subsequently given in favor of the plaintiff; whereupon, several exceptions being taken thereto by the defendants, a report of the case was made by the judge, stating the pleadings and facts, together with his opinion thereupon, for the consideration of the whole court.
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This case was brought to a hearing in May, 1847, before the chief justice, by whom an opinion was subsequently given in favor of the plaintiff; whereupon, several exceptions being taken thereto by the defendants, a report of the case was made by the judge, stating the pleadings and facts, together with his opinion thereupon, for the consideration of the whole court. The report was as follows : — This is a bill in equity, brought by the plaintiff to enforce a trust, set forth in an indenture executed by William and Thomas J. Whittemore, dated March 26th, 1838. The indenture was an assignment…
1Opinion of the Court
The opinion of the chief justice, stating the reasons and grounds of his decision, is as follows : —
Shaw, C. J.
This is a bill in equity, brought by Lydia Noyes, to enforce a trust made in her favor, in an indenture executed by William Whittemore and Thomas J. Whittemore, on the 26th of May, 1838. It was an assignment of the Whittemores to trustees, for the benefit of their creditors, made pursuant to the statute of 1836, c. 238, and conformably to its provisions.
By force of that statute, such assignment was made valid and effectual, to transfer the property to the trustees, and enable them to…
2Cases cited1 opinion
- Tipper v. CommonwealthCourt of Appeals of Kentucky · 1858
3Cited by1 opinion
- Lucas v. Central Missouri Trust Co.Supreme Court of Missouri · 1942