Moore v. Land, Title & Trust Co.

Citations

• 82 Md. 288
• 33 A. 641
• 1896 Md. LEXIS 8

Syllabus

<p>Assignment for Benefit of Creditors Executed by a Non-Resident— No Bond by the Trustee need be Filed in this State When Only Personal Property here is Conveyed — Conflict of Laws — Attachment.</p> <p>As a general rule the validity of a transfer of personal property is governed by the law of the domicil of the owner, and this rule is applicable to a voluntary general assignment for the benefit of creditors which does not contain preferences invalid under the law of the State where the property is situated.</p> <p>The provisions of Code, Art. 16, sec. 205, requiring a trustee for the benefit of creditors to file an approved bond before title to the property shall pass, do not apply to an assignment for the benefit of creditors executed by a resident of another State conveying choses in action and personal property situated in this State.</p> <p>A general assignment for the equal benefit of creditors executed by a resident of another State, valid by the laws of that State, and valid at common law, which conveys debts and choses in action belonging to the assignor and situated in this State, operates to vest such property in the assignee and the same is not afterwards liable to attachment by a creditor residing in this State.</p> <p>The case of White v. Pittsburg National Bank, 80 Md. 1, distinguished.</p>