152 Mass. 355 | Mass. | 1890
The assignment to the defendant was in terms for the benefit of such of the creditors of the assignor as should “ verbally or in writing assent ” to it. It was not necessary that their verbal assent should be express. Any language and conduct which, reasonably interpreted, affirmatively showed assent, was enough to answer the requirement of the instrument and to give it validity. The ruling of the court upon this part of the case was correct. May v. Wannemacher, 111 Mass. 202. Pierce v. O'Brien, 129 Mass. 314. Jones v. Tilton, 139 Mass. 418.
The court declined to instruct the jury, as requested by the plaintiff, that the statement in the answer of the defendant “ as trustee — ‘ that creditors amounting in value to more than the property in his hands assented to the assignment before the service of the plaintiff’s writ upon him, they were as follows’—was one fact, and that the testimony of creditors so named by said
The defendant was not injured by the expression “in the mind of Mr. King,” which appears in the charge. What the judge said upon this part of the case was given to the jury as the true interpretation of an answer in writing, and there was no improper expression of opinion.
Exceptions overruled.