Jacobs v. Allen
New York Supreme Court
Motion by the plaintiffs for a new trial, upon exceptions. The action was brought by the plaintiffs as judgment creditors of the defendant Break, to enforce a judgment recovered against him, and to set aside an assignment made by him, of his property; to the defendants Allen and Paxson, in trust for the benefit of creditors.- The judge, at the circuit, directed that judgment be rendered against the defendant Break, and that the complaint be dismissed as to the defendants…
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Motion by the plaintiffs for a new trial, upon exceptions. The action was brought by the plaintiffs as judgment creditors of the defendant Break, to enforce a judgment recovered against him, and to set aside an assignment made by him, of his property; to the defendants Allen and Paxson, in trust for the benefit of creditors.- The judge, at the circuit, directed that judgment be rendered against the defendant Break, and that the complaint be dismissed as to the defendants Allen and Paxson, with costs. The grounds upon which the assignment was claimed to be fraudulent and void, are set forth in…
1Opinion of the CourtMitchell, P. J.
It is true the assignment in this case declares that the trustees shall not be! answerable for the acts, neglects or defaults of any attorney or agent that they may appoint, nor for any misfortune, loss or damage which may happen without their willful default; but this is followed by an express covenant on their part to accept the trust and to act faithfully and justly in the execution of the same. The two parts of the trust deed are to be taken together, and if the trustees were sued for any fraud committed under the deed, or for any thing indicating a breach of faith towards creditors, the…
2Cited by3 opinions
- Gilmore v. TuttleNew Jersey Court of Chancery · 1880
- August v. SeeskindTennessee Supreme Court · 1868
- August v. SeeskindTennessee Supreme Court · 1868