Greene v. Breck
New York Supreme Court
Motion at the trial to dismiss complaint. This was a creditor’s action brought by the plaintiff, an executor, appearing as sole plaintiff, seeking to set aside an assignment for benefit of creditors which the debtors, who composed a limited partnership under the Revised Statutes, had made.
1Opinion of the CourtIngraham, J.
It is not necessary, nor would it be proper, for me to express an opinion now upon the question whether the assignment made of the effects of the limited partnership should be declared void. If it gave a preference to one creditor over another, as alleged in the complaint, it would be ; but if made for the purpose of distribution among all the creditors in the same mode as the statute requires the property of such partnerships to be distributed, it may be necessary for the plaintiff to show something more than the mere execution of the assignment, to justify the appointment of a receiver.
But…
2Cases cited3 opinions
- Innes v. LansingNew York Court of Chancery · 1839
- Reed & Van Wart v. UnderhillNew York Supreme Court · 1851
- Whitewright v. StimpsonNew York Supreme Court · 1848
3Cited by1 opinion
- Hiler v. HetterickNew York Court of Common Pleas · 1873