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Brooks v. Marbury U.S. 78 (1826)

handle is hein.slavery/ussccases0150 and id is 1 raw text is: CASES IN THE SUPREME COURT 1826. been made at the bar, several cases have been 'cited which have been attentively considered. Brooks I. No attempt will be made to analyze them, or to Marbury. decide on their application to the case before us, because the Judges are divided. respecting it. Consequently, the principles of law which have been argued cannot be settled; but the judgment is affirmed, the Court being divided in opinion upon it. Judgment affirmed. [AsSIG.NMENT ?OR THE BENEFIT OF CREDITORS. EVIDENCE.J BROOKS V. MARBURY. A debtor has a right to prefer one creditor to another in payment; and it is no objection to the validity of an assignment for that purpose, that it was made by the grantor, and received by thq grantee, as trustee, in the hope and expectation, and with a view of preventing prosecution for a felony connected with his transactions with his creditors; if the preferred creditors have done nothing to excite that hope, and the assignment was made witout their knowledge or concurrence at the time of its execution, and without a know*. ledge of the motives which influenced the assignor, or was not af- terwards assented to by them under some engagement express or implied to suppress or forbear the prosecution. An assignment for the benefit of preferred creditors is valid, although their assent is not given at the time of its execution, if they subse- quently assent in terms, or by actually receiving the benefit of it. It is no objection to such an assignment, that it defeats all other cre- ditors of their legal remedies, even if amounting to a majority in number and value, unles Tlere be some express provision of a bankrupt law toinvalidatetle deed.

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