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29 F. Cas. 59

Walker v. Wanton

U.S. District Court

Decided April 15, 1807

U.S. District Court · decided 1807-04-15

The bill states that the defendant Wanton, being indebted to the plaintiffs, agreed to assign to the plaintiff Walker, in trust for himself and the other plaintiffs, so much of his merchandise, as the plaintiff Walker should judge sufficient to satisfy the several claims of the plaintiffs. That it was understood, at the time, that the goods were to be charged to the plaintiffs at the invoice price, with costs and charges thereon.

Decided 1807-04-15

CRANCH, Chief Judge,

¶1thought the plaintiffs not entitled to the discovery' against the other creditors, because the equity of the defendants is equal to that of the plaintiffs, who ought to be left to law to enforce their preference, if they have any.

FITZHUGH and DUCKETT, Circuit Judges, contra.

¶2Being of opinion that the plaintiffs had acquired a legal title to the goods, and were therefore entitled to a discovery of the evidence.

¶3*60Tlie answer of Green was adjudged insufficient, and he was ordered to produce the inventory.

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