Whitney v. Krows
New York Supreme Court
This action was brought to set aside an assignment executed by the defendant, William Krows, to the defendants Frederick Krows, Peter P. Post and Charles H. Hommel. The assignment was executed on the 24th of October, 1848, and conveyed all the property of the assignor, both real and personal, not exempt from execution, in trust for the payment of debts.
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This action was brought to set aside an assignment executed by the defendant, William Krows, to the defendants Frederick Krows, Peter P. Post and Charles H. Hommel. The assignment was executed on the 24th of October, 1848, and conveyed all the property of the assignor, both real and personal, not exempt from execution, in trust for the payment of debts. By the terms of the assignment, the assignees are authorized “ to sell and dispose of the property, upon such terms and conditions as in their judgment may appear best, and most for the interest of the parties concerned, and convert the same…
1Opinion of the Court
Harris J.
Whether or not an assignment for the benefit of creditors, which authorizes the 'assignees to sell the assigned property upon credit, is void, does not seem to be finally settled. It was clearly the opinion of the judge who pronounced the judgment of the court of appeals in Griffin v. Barney, (2 Comst. 365,) that such an assignment could not be upheld. But as there was another objection to the assignment in that case, which the same learned judge deemed equally fatal to its validity, another court of acknowledged respectability has since felt itself at liberty to regard that case as…
2Cases cited1 opinion
- Meacham v. SternesNew York Court of Chancery · 1842
3Cited by11 opinions
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Sumners. v. Hickss.Supreme Court of the United States · 1863
- Kyle v. HarveysWest Virginia Supreme Court · 1885
- Mann v. WitbeckNew York Supreme Court · 1853
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