Hooper v. . Baillie
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which affirmed a judgment entered in favor of plaintiffs noon a decision of the court on trial at Special Term. This action was brought to set aside an assignment for the benefit of creditors.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which affirmed a judgment entered in favor of plaintiffs noon a decision of the court on trial at Special Term. This action was brought to set aside an assignment for the benefit of creditors. On and prior to May 17,1884, Charles McCulloch Beecher, Frank B. Johnson and Walter S. Baillie, were partners under the name of C. McCulloch Beecher & Co. They were engaged in business as commission merchants at the city of Bew York, and had a branch house at the city…
1Opinion of the Court
Follett, Ch. J.
It is alleged in the complaint: “ That the said assignment is null and void upon its face,” but why it is so is not aven-ed. It is ai'gued in behalf of the l'espondeimts that it is so void because (1) the names of all of the partners are not disclosed in it, and (2) that it appeam-s not to have beeim executed by all of the pam-tners. The pai'tners had no propei'ty except iinmm propei'ty, all of which was pem-sonal. A general assignment relating solely to the pi-operty of a genem'al partnership, all of which is pem'sonal, executed solely for the benefit of creditor's of an…
2Cases cited2 opinions
- Klumpp v. . GardnerNew York Court of Appeals · 1889
- Sutherland v. . BradnerNew York Court of Appeals · 1889
3Cited by7 opinions
- Bumb v. BennettCalifornia Supreme Court · 1958
- Corbett v. CannonSupreme Court of Kansas · 1896
- National Bank v. ScrivenNew York Supreme Court · 1892
- Sherman v. JenkinsNew York Supreme Court · 1893
- In re the General Assignment for the Benefit of Creditors of KahaneNew York Supreme Court · 1957
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