Russell v. Phelps

This was an action of trespass on the case brought to recover damages for an alleged fail*379ure of duty as an assignee in certain bankruptcy proceedings. In tbe first count it was, amongst other things, alleged that although the defendant well knew plaintiffs were creditors of the bankrupts, holding the largest valid, subsisting and provable claim against the estate, yet he having assumed to call a second meeting of the creditors for the purpose of declaring a dividend, willfully and wrongfully intending to hurt and injure the plaintiffs and to deprive them of their just share of the estate,…