President of the Canal Bank v. Cox
Supreme Judicial Court of Maine
The persons summoned as trustees in this case were the assignees of John Cose, iti a general assignment of his property for the benefit of his creditors; and the question was upon the validity of the assignment.
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The persons summoned as trustees in this case were the assignees of John Cose, iti a general assignment of his property for the benefit of his creditors; and the question was upon the validity of the assignment. The instrument contained a general sale and conveyance of all the property mentioned in certain schedules annexed, which were understood to include all his goods, estate, credits and effects, with an exception in these words — “ saving only his necessary and proper household furniture, family apparel, and means of paying his small debts under fifty dollars, and ordinary family…
1Opinion of the Court
The opinion of the Court was read at the following November term, as drawn up by
j\iEJii.EN C. J.
The counsel for the plaintiff contends that upon the disclosure of the trustees, they ought to be charged, on the ground that the assignment by Cox to them, which forms a part of the disclosure, is fraudulent and void, for reasons appearing on the face of it. No actual fraud is imputed to any of the parties; so that the question lor our decision is whether it is to be adjudged fraudulent and inoperative, as against the plaintiils and the other crcdi-*398tors, who have not assented to it. If it is, the…
2Cited by3 opinions
- Red River Valley Bank v. FreemanNorth Dakota Supreme Court · 1890
- State v. SpinkSupreme Court of Rhode Island · 1896
- Wooldridge v. IrvingUnited States Circuit Court · 1884