Summary
In Hickey v. Ryan, 19 R.I. 399 and in Robinson v. McKenna, 21 R.I. 117, it was held that a debtor can not lawfully place his earnings beyond the reach of attachment and at the same time then receive a portion thereof for his own use, and an assignment of wages which is intended to accomplish this result is fraudulent against creditors and hence is not valid.
Summary of this case from Trottier v. FoleyOpinion
Exceptions, c., No. 2113.
January 23, 1896
GARNISHMENT: FRAUDULENT ASSIGNMENT OF WAGES.
James E. Banigan, for plaintiffs.
Hugh J. Carroll, for defendant.
RESCRIPT.
We find no error in the ruling of the court below charging the garnishee. The bill of exceptions shows that the garnishee, who claims under an assignment of wages made to him by the defendant, returned to the defendant about half the wages earned by him each week. This was clearly fraudulent as against other creditors.
Exceptions overruled, and case remitted to the District Court for the Tenth Judicial District.