Wintringham v. Lafoy
New York Supreme Court
ON error from the 0. P. of the city and county of New York. The action in the court below was trespass de bonis asportatis by Lafoy against Wintringham.
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ON error from the 0. P. of the city and county of New York. The action in the court below was trespass de bonis asportatis by Lafoy against Wintringham. It appeared on the trial, that Wintrin~ham was a constable, who held a /1. fa. issued by the marine court of the city, against the goods and chattels of one Gallis; and that, on *the 19th of January, 1826, he levied on the articles in question, consisting of jewelry in the store occupied by Galls, who was present at the levy. That Gallis informed the defendant below that the goods had been assigned by him (G.;) and the defendant below said he…
1Opinion of the Court
Curia, per Savage, Ch. J.
It is not denied that a debtor in failing circumstances may prefer one of his creditors, or *one set of creditors, to another; nor is it pretended that any fraud in fact was proved in the court below. Indeed, this was negatived by the proof and the verdict of the jury.
But it is contended that the provision for re-assignment dr re-payment of the surplus of the proceeds, after payment of all the debts, renders the assignment Void. This is a mistake. In the case of Mackie & Cairnes, (5 Cowen, 547,) the assignment was held fraudulent and void, because it *738contained a…
2Cited by26 opinions
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- Herring v. . HoppockNew York Court of Appeals · 1857
- King v. RemingtonSupreme Court of Minnesota · 1886
- Corner v. MackintoshCourt of Appeals of Maryland · 1878
- Socony-Vacuum Oil Co. v. BaileyNew York Supreme Court · 1952
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