¶1The only ground upon which the plaintiff could have the trustee charged, or a special judgment rendered against the fund in his hands, was a valid subsisting attachment of the fund as the property of the principal defendant. But all attachments of a defendant’s property, made, as this was, within four months before the commencement of proceedings in bankruptcy, are discharged by the assignment in bankruptcy. U. S. Rev. Sts. § 5044. No property of the defendant being held by the attachment, the court cannot, in .this case, pass upon the conflict ing rights of the assignee in pais and the assignee in bank ruptcy. Peck v. Stratton, 118 Mass. 406. Clark v. Gardner 123 Mass. 358. Exceptions overruled.
124 Mass. 215
Blume v. Gilbert
Massachusetts Supreme Judicial Court
Decided March 13, 1878
Massachusetts Supreme Judicial Court · decided 1878-03-13
Contract upon two promissory notes signed by the defendant. At the trial in the Superior Court, before Pitman, J., Samuel R. Payson, summoned, on May 6, 1876, as trustee of the defendant, filed an answer, admitting funds in his hands belonging to the defendant, and setting up a previous assignment of the funds by the defendant to Charles H. Williams.
Cited by 1 later decisions — most recently May 1903
1 state decisions
Relies on Peck Bros. & Co. v. Stratton · Clark v. Gardner
Good law ✅— No negative treatment on recordhow we know
Decided 1878-03-13
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