Public-domain · open source
OpenJurist

21 Mass. 59

De Wolf v. Chapin

Massachusetts Supreme Judicial Court

Decided September 30, 1826

Massachusetts Supreme Judicial Court · decided 1826-09-30

<p>Where an assignment was made by a debtor» for the purpose of indemnifying the aa* signee against certain liabilities on behalf of such debtor» it was keld^ that the assignment created no interest in those creditors to whom the assignee was so liable, either directly» or as cestui que trusts»</p>

Decided 1826-09-30

Per Curiam.

¶1This assignment contains nothing which cieates an interest in the creditors, either directly or as cestui que trusts. The object discernible in all parts of the inst.rnment is, to indemnify the defendants for their engagements on behalf of the assignors. There are no words of trust for the creditors, nor are they parties to the instrument.

¶2We have no doubt, that if the ground taken by the plaintiff as to the construction of the contract were correct, the form of the action is right. Goodwin et al. v. Gilbert et al. 9 Mass. R. 510.

¶3 Nonsuit made absolute.

/21/mass/59 · .json · Public domain