Ingraham v. Geyer
Massachusetts Supreme Judicial Court
This was a scire facias to have execution against the defendant, as trustee of W. Birnie and J. F. Rouchendorjf, merchants and co-partners in the city of Philadelphia in the State of Pennsylvania. - The defendant, in his answer to the usual interrogatory, stated, that, at the time of the service of the original process upon him, namely, on the 10th of May, 1811, he had in his hands $ 1298.06 belonging to the said Birnie Sp Rouchendorjf, except that, on the last day of…
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This was a scire facias to have execution against the defendant, as trustee of W. Birnie and J. F. Rouchendorjf, merchants and co-partners in the city of Philadelphia in the State of Pennsylvania. - The defendant, in his answer to the usual interrogatory, stated, that, at the time of the service of the original process upon him, namely, on the 10th of May, 1811, he had in his hands $ 1298.06 belonging to the said Birnie Sp Rouchendorjf, except that, on the last day of January, 1811, he had been notified that the said Birnie Sp Rouchendorjf had, on the 14th of the same January, made, at said…
1Opinion of the CourtParker, C. J.
The question in this case is, whether the assignment made by the debtor in Philadelphia is valid here, so as to defeat an attachment of the debt here under our trustee process.
This assignment could not be supported, if made within this State by parties residing or living here, and with a view to be here executed. It is voluntary on the part of the debtor, and involuntary on the part of his creditor. It has no legal consideration ; for the debts of those creditors who are to become parties are not discharged at the time ; and it shuts out from a participation of the funds all the creditors who…
2Cited by54 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
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