Horne v. Stevens
| Decision Date | 08 March 1887 |
| Citation | 9 A. 616,79 Me. 262 |
| Parties | HORNE v. STEVENS and another, (Rowell, Claimant.) |
| Court | Maine Supreme Court |
On exceptions by claimant from supreme judicial court, Androscoggin county.
Funds in the hands of the trustee were attached on trustee process, and the claimant appeared and claimed title to part of the funds as assignee. The court at nisi prius ruled against the validity of such claim in a trustee process, and the claimant alleged exceptions.
R. N. Chamberlain and Twitchell & Abbott, for plaintiff.
W. & H. Heywood, for claimant.
This case is governed by the case of Bank v. McLoon, 73 Me. 498. The judge who heard the evidence decided, as matter of fact, that the principal defendant had assigned a part of his debt against the trustee to the claimant. Precisely that fact existed in the case referred to. Notice of the assignment was given to the trustee before his disclosure, which in our practice was seasonable. Exceptions sustained.
1 Reported by Leslie C. Cornish, Esq., of the Augusta bar.
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Larrabee v. Hascall
...where just and equitable results may be accomplished thereby. Bank v. McLoon, 73 Me. 498; Roberts v. Noyes, 76 Me. 590, 593; Home v. Stevens, 79 Me. 262, 9 Atl. 616; Dana v. Bank, 13 Allen, 445, 447; James v. Newton, 142 Mass. 366, 374, 8 N. E. In the case at bar, the order, it is true, was......
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Palmer v. Palmer
...v. Gilmore, 40 Me. 88; Larrabee v. Knight, 69 Me. 320. And notice even after attachment but before disclosure is seasonable. Horne v. Stevens, 79 Me. 262, 9 Atl. 616. For the same reason payment under an equitable trustee process cannot protect a debtor who had notice of a prior assignment ......
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