Jones v. Tilton
Massachusetts Supreme Judicial Court
Trustee process. Edward L. Pickard was summoned, with others, as trustee of the principal defendant. His answers alleged the following facts: On November 5, 1883, the defendant, being unable to pay his debts in full, executed an indenture, by which he assigned to Pickard, one of his creditors, all his real and personal property, in trust, first, to convey to an assignee in insolvency, if the defendant should be adjudged insolvent, all the property in this Commonwealth to…
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Trustee process. Edward L. Pickard was summoned, with others, as trustee of the principal defendant. His answers alleged the following facts: On November 5, 1883, the defendant, being unable to pay his debts in full, executed an indenture, by which he assigned to Pickard, one of his creditors, all his real and personal property, in trust, first, to convey to an assignee in insolvency, if the defendant should be adjudged insolvent, all the property in this Commonwealth to which such assignee would have been entitled if the assignment to Pickard had not been made; second, to convert said…
1Opinion of the CourtC. Allen, J.
The answers of Pickard, which under the statute must be taken as true, show a verbal assent by the plaintiff's to the assignment, and a presentation of their claim, and an allowance of it by Pickard at the sum agreed on between them. No written assent was called for by the assignment. An oral assent, therefore, was sufficient. May v. Wannemacher, 111 Mass. 202. Pierce v. O' Brien, 129 Mass. 314. Such assent, if given before the commencement of an action, would debar the plaintiffs from making an attachment, and, being given after-wards, must defeat the attachment. The fact that the plaintiffs…
2Cases cited2 opinions
- May v. WannemacherMassachusetts Supreme Judicial Court · 1872
- Pierce v. O'BrienMassachusetts Supreme Judicial Court · 1880
3Cited by7 opinions
- Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
- Littlejohn v. TurnerWisconsin Supreme Court · 1888
- Lacy v. GunnCalifornia Supreme Court · 1904
- Marr v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1896
- Nutter v. KingMassachusetts Supreme Judicial Court · 1890
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