Massachusetts Supreme Judicial Court, 1894

Sawyer v. Levy

Sawyer v. Levy
Massachusetts Supreme Judicial Court · Decided October 18, 1894 · Allen
162 Mass. 190; 38 N.E. 365; 1894 Mass. LEXIS 39
Sawyer v. Levy

Cases that cite this one

7 later published cases cite this decision.

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Opinion of the Court

Allen, J.

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.