May v. Wannemacher
Massachusetts Supreme Judicial Court
Trustee process against Charles Wannemacher and Joseph Maxfield, surviving partners of the firm of N. Sturtevant & Company, on promissory notes indorsed by the firm. John Borrow-scale was summoned as trustee of the defendants.
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Trustee process against Charles Wannemacher and Joseph Maxfield, surviving partners of the firm of N. Sturtevant & Company, on promissory notes indorsed by the firm. John Borrow-scale was summoned as trustee of the defendants. Writ dated June 6, 1865. The case, as it appeared from the answer of the trustee and an agreed statement of facts, upon which it was submitted to the judgment of the Superior Court, was as follows : The firm of N. Sturtevant & Company was composed of the defendants, both of whom were domiciled in Philadelphia in the Commonwealth of Pennsylvania, and were citizens of…
1Opinion of the CourtWells, J.
The St. of 1836, c. 238, having been repealed, this case is not affected by any considerations arising from that statute, or from the general policy of the insolvent laws of Massachusetts. National Mechanics' & Traders' Bank v. Eagle Sugar Refinery, 109 Mass. 38.
Independently of those laws, it has always been held that voluntary assignments by a debtor, in trust for the payment of debts, and without other1 adequate consideration, are invalid as against attachment, except so far as assented to by the creditors for whose benefit they were made. If assented to by creditors, such assignments are…
2Cases cited2 opinions
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- National Mechanics' & Traders' Bank v. Eagle Sugar RefineryMassachusetts Supreme Judicial Court · 1871
3Cited by23 opinions
- Hallgarten v. OldhamMassachusetts Supreme Judicial Court · 1883
- Barth v. . BackusNew York Court of Appeals · 1893
- Faulkner v. HymanMassachusetts Supreme Judicial Court · 1886
- Woodward v. BrooksIllinois Supreme Court · 1889
- Littlejohn v. TurnerWisconsin Supreme Court · 1888
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