Halsey v. Fairbanks
U.S. Circuit Court for the District of Massachusetts
This was an action of assumpsit [by John C. Halsey and others] on several promissory notes, signed by the principal defendant. In June, 1826, Fairbanks, being unable to meet the demands against him, made an assignment of all his property to Whitney, in trust, for certain of his creditors, who should become parties to the assignment, and upon the consideration that they should release all their respective claims and demands upon him.
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This was an action of assumpsit [by John C. Halsey and others] on several promissory notes, signed by the principal defendant. In June, 1826, Fairbanks, being unable to meet the demands against him, made an assignment of all his property to Whitney, in trust, for certain of his creditors, who should become parties to the assignment, and upon the consideration that they should release all their respective claims and demands upon him. The trusts, expressed in the instrument of assignment, were, that Whitney should sell the property, and, after paying all expenses, &c. then “apply the residue of…
1Opinion of the Court
STORY, Circuit Justice.
The whole question, as to the plaintiffs’ right of recovery in this case, turns upon the validity of the general assignment, made by the defendant, Gerry Fairbanks, an insolvent debtor, to William Whitney, the trustee, as set forth in the answers of the latter, for the benefit of creditors. If that assignment be fraudulent in point of law, as to creditors, then the right of the plaintiffs against the trustee is complete; if otherwise, then the trustee must be discharged. I own that there are some questions involved in this case, upon which I have long formed a decisive…
2Cases cited19 opinions
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Pierson v. HookerNew York Supreme Court · 1808
14 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Robinson & Co. v. BeltSupreme Court of the United States · 1902
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Mabbett v. . WhiteNew York Court of Appeals · 1855
- Cummings v. McCulloughSupreme Court of Alabama · 1843
49 more not listed; retrieve them via the Exa API.