72 Me. 487
Supreme Judicial Court of Maine
Decided July 30, 1881
Supreme Judicial Court of Maine · decided 1881-07-30
ON REPORT. Assumpsit on account annexed for two hundred and eighty-one dollars and ninety-one cents. YÍcZ damnum, six hundred dollars. Service was made on two of the trustees July 25, 1879, and on the third, August 21, 1879. June 30, 1879, the defendant made an assignment to one of the trustees'under E. S., c. 70, for the benefit of creditors, and all the goods, effects and credits in the hands of either of the trustees, were held by virtue of that assignment.
Decided 1881-07-30
¶1The only question submitted to the law court in this case is whether the trustees are chargeable; and the answer to this question depends upon whether the insolvent law of 1878, repealed chapter 70 of the Bevised Statutes of 1871; and this last question was ansivered in the affirmative in Smith v. Sullivan, 71 Maine, 150. Consequently, the trustees must be charged. The amount Avill be determined and apportioned among the several attaching creditors at nisi prius.
¶2Trustees charged.