Vansands v. Middlesex County Bank
Supreme Court of Connecticut
This was an action on the case for a refusal by the defendants to allow Henry D. Smith, an insolvent debtor, to transfer on the books of the bank, to the trustee of his insolvent estate, ten shares of the stock of the bank, standing in his name at the time of his assignment.
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This was an action on the case for a refusal by the defendants to allow Henry D. Smith, an insolvent debtor, to transfer on the books of the bank, to the trustee of his insolvent estate, ten shares of the stock of the bank, standing in his name at the time of his assignment. The following facts were found by the court: On the 18th day of January, 1855, the said Smith made an assignment of all his estate to Charles Woodward, in trust for the benefit of his creditors, under the provisions of the act with regard to insolvent debtors passed in the year 1853. At that time he was liable to the…
1Opinion of the CourtStorrs, C. J.
It is unnecessary to consider the question whether the plaintiff has adopted the proper form of remedy for the injury of which he complains, because we are of the opinion that the defendants have an equitable lieu on the bank shares in question in this suit as security for the indebtedness of Smith to them, and that they are not bound to transfer those shares to the plaintiff until that indebtedness is paid. Neither the plaintiff or defendants have any legal title to those shares, they having been originally owned by-Smith, and still standing in his name on the books of the bank, and such…
2Cases cited3 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Marlborough Manufacturing Co. v. SmithSupreme Court of Connecticut · 1818
3Cited by19 opinions
- Jennings v. Bank of CaliforniaCalifornia Supreme Court · 1889
- Driscoll v. . West Bradley C.M. Co.New York Court of Appeals · 1874
- Bank of Holly Springs v. PinsonMississippi Supreme Court · 1880
- State ex rel. White v. FerrisSupreme Court of Connecticut · 1875
- Des Moines National Bank v. Warren County BankSupreme Court of Iowa · 1896
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