What is the test for an assignment in trust for creditors?
Ontario, Canada
The following excerpt is from Kinloch v. Scribner, 1883 CanLII 9 (ON CA):
Foster v. Smith, 13 U.C.R 243, is another case of an assignment in trust for creditors. A delivery of the goods to the assignees was proved, but it was shewn that they had employed the assignors’ clerk as their agent to keep and sell the goods in the shop. It was held that the jury were warranted in finding that there was an actual and continued change of possession.
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