13 A. 641 | N.H. | 1887
The question is, whether a provision in a laborer's assignment of his future wages, that they, or a part of them, shall be applied to provide necessaries for himself and his family, is merely evidence of fraud, or fraudulent as matter of law — "conclusive proof of a fraudulent intent to defeat creditors." Coolidge v. Melvin,
The debtor's earnings after service of process on the trustee are exempt in all cases, and, as against all claims except for necessaries, his previous earnings to the extent of twenty dollars. Gen. Laws, c. 219, s. 40. An assignment of twenty dollars then due, to be applied to the procurement of necessaries for the debtor or his family, cannot be declared fraudulent in law in favor of a creditor whose claim is not for necessaries; no more can a like assignment of future wages be so declared in favor of a creditor whose claim is for necessaries. Future earnings are exempted to the laborer against all claims, including those for necessaries, because they are supposed to be required for his support and that of his family, and to the end that he may so apply them. Redington v. Dunn,
Judgment for the claimant.
SMITH, J., did not sit: the others concurred.