by John Marshall Harlan

“ There is no good reason, it is argued, why a deed which does not require releases from creditors as a condition of participating in the benefits of an assignment 'should not stand good for such property as it conveys for the benefit of all the creditors alike, rather than be subjected alone to the demands of a single attaching creditor.' We cannot assent to the interpretation so placed by plaintiff upon the cases cited. ”

“ It may well be doubted whether the requirement in the deed of assignment, that the proceeds of the property shall be applied to the payment and satisfaction of the firm's indebtedness 'in the proportion of the respective claims of such of our creditors as shall accept these presents,' does not import that such creditors must release the assignors ”

“ As no brief has been filed in behalf of the defendants in error, and as we are not informed by the record of the precise ground upon which the court below proceeded, we will restrict our examination of this case to the single ground upon which the plaintiff in error questions the correctness of the judgment. ”