Smith v. Munroe
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alfred IT. Smith and others, from an interlocutory judgment of the Supreme Court in favor of the defendants, John Munroe and others, entered in the office of the clerk of the county of New York on the 11th day of February, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the demurrer interposed by the ■said defendants to the complaint, and also from the decision of the court entered in said clerk’s…
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Appeal by the plaintiffs, Alfred IT. Smith and others, from an interlocutory judgment of the Supreme Court in favor of the defendants, John Munroe and others, entered in the office of the clerk of the county of New York on the 11th day of February, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the demurrer interposed by the ■said defendants to the complaint, and also from the decision of the court entered in said clerk’s office on the 1st day of February, 1895, upon which such interlocutory judgment was entered. The complaint alleged that…
1Opinion of the Court
Patterson, J.:
The general assignment of Wickham & Co. to Hewwitter was valid as between the assignor and assignee. Before it was attacked by ■creditors the preferred indebtedness of Munroe & Co-, was paid. It was an honest debt actually due, and, as said before, the trust to pay which was fully performed before the assignment was challenged. Ordinarily that would suffice to protect creditors situated *80as Munroe & Co. were. (Knower v. Central Nat. Bank, 124 N. Y. 560.) But it is claimed by the plaintiffs that circumstances intervene to render the doctrine of the case cited inapplicable here. It…
2Cases cited6 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Knower v. Central National BankNew York Court of Appeals · 1891
- Nat. Park Bk. of N.Y. v. . WhitmoreNew York Court of Appeals · 1887
- Smith v. CraftU.S. Circuit Court for the District of Indiana · 1882
- Anderson v. LachsMississippi Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Robinson v. HawleyAppellate Division of the Supreme Court of the State of New York · 1899
- Pierce Steam Heating Co. v. RansomAppellate Division of the Supreme Court of the State of New York · 1897
- Pierce Steam-Heating Co. v. RansomAppellate Division of the Supreme Court of the State of New York · 1897