Legal Opinion

Upton v. Hubbard

Supreme Court of Connecticut

Decided March 15, 1859PublishedCited by 20 opinions

Bill in equity. The plaintiffs were assignees in insolvency, under the laws of the state of Massachusetts, of the property of William Mason, a resident of Massachusetts, and sued as such.

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Bill in equity. The plaintiffs were assignees in insolvency, under the laws of the state of Massachusetts, of the property of William Mason, a resident of Massachusetts, and sued as such. The defendants were Henry G. Hubbard, who was indebted to Mason, at the time when he went *into [ *276 ] insolvency, and sundry creditors of Mason, residing in the State of Massachusetts, who had brought suits in this state and attached the debt due from Hubbard to Mason by process of foreign attachment. The attachments were served upon Hubbard on the 4th day of November, 1857, and the suits were-pending at…

1Opinion of the CourtEllsworth, J.

We are all satisfied tnat there is error in the judgment of the superior court; but as this does not necessarily make an end of the case, it may beywell for us to state our views upon the questions so ably and elaborately argued before us.

A majority of the court are of opinion that the petitioners, as foreign assignees, can not of right maintain their suit against these respondents ; either ’on principles of the common law or under the provisions of the statute of 1854.

We suppose, however, that in the English courts, certainly from the time of the American revolution, the course of decisions…

2Cases cited7 opinions

  1. Peck v. JennessSupreme Court of the United States · 1849
  2. Booth v. ClarkSupreme Court of the United States · 1855
  3. Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
  4. Milne v. MoretonSupreme Court of Pennsylvania · 1814
  5. Riley v. RileyU.S. Circuit Court for the District of Connecticut · 1808

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3Cited by20 opinions

  1. Barth v. . BackusNew York Court of Appeals · 1893
  2. Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
  3. Paine v. LesterSupreme Court of Connecticut · 1876
  4. Marcy v. MarcySupreme Court of Connecticut · 1864
  5. Gulf, Colorado & Santa Fe Railway Co. v. NewellTexas Supreme Court · 1889

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