Perkins v. Hutchinson

Supreme Court of Rhode Island

Perkins v. Hutchinson

22 A. 1111, 17 R.I. 450, 1891 R.I. LEXIS 51

CourtSupreme Court of Rhode Island

DecidedJuly 25, 1891

StatusPublished

Cited by1 cases

This text of 22 A. 1111 (Perkins v. Hutchinson) 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

Perkins v. Hutchinson, 22 A. 1111, 17 R.I. 450, 1891 R.I. LEXIS 51 (R.I. 1891).

Pincite

Opinion

Per Curiam.

We do not think that the assignment by Hutchinson to Hainsworth was void as made to hinder, delay, and defraud creditors. The testimony shows that it was agreed between them, at the time the assignment was made, that the surplus of the fund assigned over the indebtedness of Hutchinson to Hainsworth, if any, should be paid over by the latter to another creditor of the former. There was, therefore, no reservation of any portion of the fund for the benefit of the assignor; and it is well settled in this State that an assignment which operated merely as a preference of certain creditors over others is not fraudulent. Such an assignment can only be set aside by proceeding under Pub. Stat. R. I. cap. 237, § 13.

Said Hainsworth’s petition for a new trial is granted, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

We do not think that the assignment by Hutchinson to Hainsworth was void as made to hinder, delay, and defraud creditors. The testimony shows that it was agreed between them, at the time the assignment was made, that the surplus of the fund assigned over the indebtedness of Hutchinson to Hainsworth, if any, should be paid over by the latter to another creditor of the former. There was, therefore, no reservation of any portion of the fund for the benefit of the assignor; and it is well settled in this State that an assignment which operated merely as a preference of certain creditors over others is not fraudulent. Such an assignment can only be set aside by proceeding under Pub. Stat. R. I. cap. 237, § 13.

Said Hainsworth’s petition for a new trial is granted, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

22 A. 1111, 17 R.I. 450, 1891 R.I. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-hutchinson-ri-1891.

Opinion

Related

Cite This Page — Counsel Stack