Henry Billings Brown

“ Defendants answered, claiming that the assignee never took possession of the salt, and that the Minnesota assignment was ineffectual to transfer the title to property in Wisconsin as against attaching creditors there. Plaintiff was held entitled to judgment upon the ground that a voluntary conveyance of personal property, valid by the law of the place, passed title wherever the property may be situated, and that such transfers, upon principles of comity, would be recognized as effectual in other states when not opposed to public policy or repugnant to their laws. ”

“ A like construction was given to the same statute of Wisconsin in Townsend v. Coxe, 151 Ill. 62, 37 N. E. 689. It was said of this statute (and the same may be said of the statute under consideration) : 'It is manifest from these provisions that a creditor of an insolvent debtor in Wisconsin, who makes a voluntary assignment, valid under the laws of that state, can only avoid a final discharge of the debtor from all liability on his debt by declining to participate in any way in the assignment proceedings. ”

“ Carson, 11 Ill. 508: 'A debtor in failing circumstances has an undoubted right to prefer one creditor to another, and to provide for a preference by assigning his effects; but he is not permitted to say to any of his creditors that they shall not participate in his present estate unless they release all right to satisfy the residue of their debts out of his future acquisitions.' In Brashear v. ”

“ The cases in this court are not numerous, but they are all consonant with the above general principle. Black v. Zacharie, 3 How. 483; Livermore v. Jenckes, 21 How. 126; Green v. Van Buskirk, 5 Wall. 307 ”