National Bank v. Scriven
New York Supreme Court
Appeal from judgment on report of referee. Action by the National Bank of Troy against Marshall W. Scriven and others • to declare void a second assignment executed by defendants, a firm, for the benefit of creditors. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtHerrick, J.
Prior to August 1, 1885, Marshall W. Scriven and Elisha W. Hydorn were copartners in trade, doing business under the copartnership name of M. W. Scriven & Co., at Troy, N. Y. On that day a general assignment was made in the name of the copartnership to J. B. Hydorn for the benefit of creditors. Such assignment was executed for the copartnership by Elisha W. Hydorn, he claiming that he had authority from Scriven to make the assignment. At the time of the assignment the firm of M. W. Scriven & Co. was indebted to the plaintiff to the amount of about $14,000, and in such assignment the plaintiff…
2Cases cited6 opinions
- Kelly v. CalhounSupreme Court of the United States · 1878
- People v. DavisNew York Supreme Court · 1839
- Adams v. . Greenwich Insurance Co.New York Court of Appeals · 1877
- Klumpp v. . GardnerNew York Court of Appeals · 1889
- Hooper v. . BaillieNew York Court of Appeals · 1890
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3Cited by3 opinions
- People v. SeldnerAppellate Division of the Supreme Court of the State of New York · 1901
- Sturmwald v. SchreiberAppellate Division of the Supreme Court of the State of New York · 1902
- Sturmwald v. SchreiberAppellate Division of the Supreme Court of the State of New York · 1902