Naylor v. Fosdick
Supreme Court of Connecticut
MOTION for a new trial. "This was a scire facias against the defendant as garnishee of Gurdon. Manwaring, of JVew-York, an abs&rtt . . debtor. The defendant pleaded that he was not the agent or debtor of Manwaring, and had none of his ef-^ects ⅛ his hands. On trial to the jury before the superior court, it appeared that the previous proceedings had been conformable to the statute regarding foreign attach-*nents,(a) and that the defendant was indebted to Man-waring.
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MOTION for a new trial. "This was a scire facias against the defendant as garnishee of Gurdon. Manwaring, of JVew-York, an abs&rtt . . debtor. The defendant pleaded that he was not the agent or debtor of Manwaring, and had none of his ef-^ects ⅛ his hands. On trial to the jury before the superior court, it appeared that the previous proceedings had been conformable to the statute regarding foreign attach-*nents,(a) and that the defendant was indebted to Man-waring. The defence was, that this debt had been as- ' signed before the copy was left in service. The circumstances under which the…
1Opinion of the CourtSwift, J.
The question arising in this case is, whether a debtor in failing circumstances can make an as-«ignment of his estate to a trustee for the benefit of his creditors, with the assent of part of them expressed either prior, or subsequent, to such assignment, which shall be valid against creditors who dissent; so that such dissenting creditors cannot take such estate by legal process to satisfy their debts ?
I lay no weight on the objection to this assignment on account of the consideration; for if the trustee is duly constituted with the assent of the creditors, his obligation to execute the…
2Cases cited3 opinions
- Wilt v. FranklinSupreme Court of Pennsylvania · 1809
- Tudor Woodbridge & Co. v. PerkinsSupreme Court of Connecticut · 1809
- Hempstead v. StarsSupreme Court of Connecticut · 1809
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