Springer v. Foster
U.S. Circuit Court for the District of Massachusetts
The only' questions in this case arose on the answers of the trustee. Charles Carter. In his first answer, at the October term, 1840, he in substance stated, that on or about the ninth day of Novefhber, in the year of our Lord, eighteen hundred and thirty-nine, the said Foster did execute and deliver to the said Carter, a deed of assignment of all and singular the property then owned by the said Foster, for the equal benefit of all the creditors of the said Foster, who…
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The only' questions in this case arose on the answers of the trustee. Charles Carter. In his first answer, at the October term, 1840, he in substance stated, that on or about the ninth day of Novefhber, in the year of our Lord, eighteen hundred and thirty-nine, the said Foster did execute and deliver to the said Carter, a deed of assignment of all and singular the property then owned by the said Foster, for the equal benefit of all the creditors of the said Foster, who should become parties thereto, agreeably to the statute of Massachusetts, passed on the fifteenth day of April, in the year…
1Opinion of the Court
STORY, Circuit Justice.
When this case was formerly before this court, the question was mooted, whether the act of Massachusetts of the 15th of April, 1836 (chapter 238), providing for the validity of general assignments, like that under which an assignment was made to Carter, as stated in his answer, was repealed by the subsequent insolvent act of the 23d day of April, 1838, ch. 163, the benefit of which had been sought by the defendant, Foster. The same question was then pending in the state court; and, as it was a question of local law, dependent upon the construction of a state statute,…
2Cited by4 opinions
- Wendell v. LebonSupreme Court of Minnesota · 1883
- Castro v. De UriarteDistrict Court, S.D. New York · 1882
- Jewett v. GarrettU.S. Circuit Court for the District of New Jersey · 1891
- Wilson v. Matthews, Finley & Co.Supreme Court of Alabama · 1858