Joseph Story

“ It appears from the facts, that the proceeds of all the property received by the assignees under this assignment, are insufficient to pay the amount of the just debts and demands due, bona fide, to the assignees. Under such circumstances, the established doctrine in Massachusetts is, that the assignees cannot be holden as trustees of the debtor under this process, so as to be chargeable to the creditor, who is plaintiff in the suit. Even if the assignment were held to be constructively fraudulent, in point of law, they would be entitled to retain for their own bona fide debts ”

“ The present being a suit upon a local statute, giving a particular remedy in the nature of a foreign attachment against garishees, who possess goods, effects or credits of the principal debtor, the decisions which have been made upon the construction of that statute by the state courts, are entitled to great respect ”