Noyes v. Johnson

Supreme Court of Rhode Island

Noyes v. Johnson

13 R.I. 183, 1881 R.I. LEXIS 4

DecidedJanuary 18, 1881

StatusPublished

This text of 13 R.I. 183 (Noyes v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Noyes v. Johnson, 13 R.I. 183, 1881 R.I. LEXIS 4 (R.I. 1881).

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Opinion

Per Curiam.

For an assignment to be effectual under Pub. Laws of R. I. cap. 723, § 1, of June 20, 1878, to defeat an attachment, it must be absolutely- without preferences except such as chapter 723 allows. Both the assignments here contain primá facie, at least, preferences which chapter 723 does not allow. The earlier assignment provides that the assignee, after converting the assigned property into money, “ shall first pay and discharge all the reasonable costs, charges, and expenses of and incident to the preparation of these presents, and the execution of the trusts hereby created,” &c. The second assignment provides, that “ after paying the expenses necessarily and properly incurred in and concerning and incident to the creation and execution of the trust hereby created,” then the assignee shall pay the other creditors in full if the proceeds *184 of the assignment are sufficient; if not, ratably. Under both of the assignments any reasonable debt incurred by tbe assignor in or about tbe making of the assignments is preferred to bis other debts, being put on tbe same footing with debts and expenses incurred by the assignee in executing the assignments. Of course it might happen that no such debt was incurred, in which event the language would be mere form ; but in tbe case at bar that is not pretended. We therefore give judgment for the defendant.

Spooner ¿" Miller, for plaintiff. James M. Ripley, for defendant.

Judgment for return and restoration, ten cents damages and costs.

After this opinion had been given the plaintiff moved for a rebearing of tbe case. This motion was heard March 5, and dismissed March 12, 1881.

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Per Curiam.

For an assignment to be effectual under Pub. Laws of R. I. cap. 723, § 1, of June 20, 1878, to defeat an attachment, it must be absolutely- without preferences except such as chapter 723 allows. Both the assignments here contain primá facie, at least, preferences which chapter 723 does not allow. The earlier assignment provides that the assignee, after converting the assigned property into money, “ shall first pay and discharge all the reasonable costs, charges, and expenses of and incident to the preparation of these presents, and the execution of the trusts hereby created,” &c. The second assignment provides, that “ after paying the expenses necessarily and properly incurred in and concerning and incident to the creation and execution of the trust hereby created,” then the assignee shall pay the other creditors in full if the proceeds *184 of the assignment are sufficient; if not, ratably. Under both of the assignments any reasonable debt incurred by tbe assignor in or about tbe making of the assignments is preferred to bis other debts, being put on tbe same footing with debts and expenses incurred by the assignee in executing the assignments. Of course it might happen that no such debt was incurred, in which event the language would be mere form ; but in tbe case at bar that is not pretended. We therefore give judgment for the defendant.

Spooner ¿" Miller, for plaintiff. James M. Ripley, for defendant.

Judgment for return and restoration, ten cents damages and costs.

After this opinion had been given the plaintiff moved for a rebearing of tbe case. This motion was heard March 5, and dismissed March 12, 1881.

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Bluebook (online)

13 R.I. 183, 1881 R.I. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noyes-v-johnson-ri-1881.