Osborn v. Colwell

21 A. 103, 17 R.I. 196, 1890 R.I. LEXIS 74

Opinion

Per Curiam.

The question raised by the demurrer to the complainant’s bill is whether a suit in equity against an assignee by a creditor whose claim has been disallowed is the proper form of suit to be brought against an assignee under Pub. Laws R. I. cap. 820, § 1, of July 30, 1889, amending cap. 631, § 3, of April 20, 1887. We think it is. Such a suit is in effect a suit to enforce the trusts of the assignment in favor of the person bringing it, and as such is properly brought in equity.

Ezra K. Parker, for complainant. Walter H. Barney, for respondent.

We do not think the assignor is a necessary party to such a suit.

Demurrer overruled.