Sawyer v. Levy
Cases that cite this one
7 later published cases cite this decision.
- Pereira v. Dow Chemical Co. (In re Trace International Holdings, Inc.) (United States Bankruptcy Court, S.D. New York 2003)
- Davis v. Best Built Homes, Inc. (Mass. 1953)
- Sinclair v. Napoli Cafeteria, Inc. (Mass. 1923)
- Cosmopolitan Trust Co. v. S. L. Agoos Tanning Co. (Mass. 1923)
- Lyon v. Wallace (Mass. 1915)
- Traders' National Bank v. Steere (Mass. 1896)
- Steel Edge Stamping & Retinning Co. v. Manchester Savings Bank (Mass. 1895)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The assignment by the defendants to Slater was no doubt a preference, which might be avoided by assignees in insolvency if the defendants were subject to our insolvent laws. Pub. Sts. c. 157, § 96. But no proceedings in insolvency could be taken against them by reason of their non-residence. A preference, given by an insolvent debtor to a bona fide creditor cannot be avoided by an attaching creditor, whether the form of preference which is adopted is a general assignment for the benefit of such creditors as should assent thereto, or an assignment for the benefit of certain specified creditors, or an assignment directly to a single creditor. Otherwise, it would simply amount to giving a preference to the attaching creditor, instead of to the creditor or creditors selected by the debtor. This has often been adjudged. National Mechanics & Traders' Bank v. Eagle Sugar Refinery, 109 Mass. 38. Banfield v. Whipple, 14 Allen, 13. Train v. Kendall, 137 Mass. 366. First National Bank of Easton v. Smith, 133 Mass. 26.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.