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77 Mass. 37

Martin v. Potter

Massachusetts Supreme Judicial Court

Decided September 15, 1858

Massachusetts Supreme Judicial Court · decided 1858-09-15

Trustee process. The trustee disclosed that he was indebted to the principal defendants; that previously to the service of this process the defendants made an assignment of all their property for the benefit of certain creditors, according to the laws of New York, of which the plaintiff and the defendants were citizens, and that the assignees sent notice to the trustee, which had actually arrived at the post office of his residence in Lee before, although he did not receive…

Decided 1858-09-15

By the Court.

¶1The trustee process is sued out in this state. The assignment of the debt was made in New York before the attachment. It does not appear that the trustee had notice until afterwards, but if notice is seasonably given the debt is held to be transferred from the time of the assignment. Such notice is sufficient if the assignment was valid in the state where it was made. Now it has been repeatedly held that an assignment, made in another state and good there, is good in this state, unless contrary to the policy of our laws, or affecting injuriously the rights of our citizens, in which case the court will take care that our citizens are protected by our laws notwithstánding the foreign assignment.

¶2Trustee discharged.

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