Osborn v. Colwell , 17 R.I. 196 ( 1890 )


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  • The question raised by the demurrer to the complainant's bill is whether a suit in equity against an assignee by a creditor whose claim has been disallowed is the proper form of suit to be brought against an assignee under Pub. Laws R.I. cap. 820, § 1, of July 30, 1889, amending cap. 631, § 3, of April 20, 1887. We think it is. Such a suit is in *Page 198 effect a suit to enforce the trusts of the assignment in favor of the person bringing it, and as such is properly brought in equity.

    We do not think the assignor is a necessary party to such a suit.

    Demurrer overruled.

Document Info

Citation Numbers: 21 A. 103, 17 R.I. 196

Judges: PER CURIAM.

Filed Date: 12/27/1890

Precedential Status: Precedential

Modified Date: 1/13/2023