171 Mass. 425 | Mass. | 1898
In this case the plaintiff is not an inhabitant of Massachusetts, but of Vermont. The Chicago Title and Trust Company claims title to the funds in the hands of the alleged trustee, not only by virtue of the decree of the Circuit Court of Cook County in the State of Illinois, entered on April 5, 1897, appointing it a receiver of the defendant, but by virtue of an assignment under seal to it as such receiver, executed by the defendant on April 6, 1897, in pursuance of the decree. That assignment purports to convey to the receiver all the property and effects of the defendant “ wheresoever situate.” The defendant is a corporation organized under the laws of the State of Illinois, and it is agreed that said Circuit Court “ had jurisdiction to appoint said receiver.” The plaintiff’s writ was served on the alleged trustee on April 13, 1897. Such an assignee has a right to intervene in the proceedings and claim the funds. Buswell v. Order of the Iron Hall, 161 Mass. 224. Dennis v. Twitchell, 10 Met. 180. Norton v. Piscataqua Ins. Co. 111 Mass. 532.
We think that the assignment must be held valid as against the subsequent attachment by the plaintiff. Frank v. Bobbitt, 155 Mass. 112. Faulkner v. Hyman, 142 Mass. 53. It is argued by the counsel for the plaintiff that the assignment shown in this case is not voluntary, and so should not be sustained as against the attachment, and Taylor v. Columbian Ins. Co. 14 Allen, 353, is relied on. The assignment in this case is not a judicial assignment or a statutory assignment, but a compulsory assignment, valid by the laws of Illinois, where it was made. How far such an assignment can be regarded as having the effect of a voluntary assignment, or as having only the effect of a judicial or statutory assignment, has not been decided in this Commonwealth.
Judgment of the Superior Court charging the trustee and dismissing the petition of the claimant reversed, and judgment to he entered allowing said petition and discharging the trustee.