Legal Opinion
Sweetser v. Smith
New York Supreme Court
Decided December 11, 1889Published
Appeal from order granting plaintiffs’ motion to discontinue without costs.
1Opinion of the CourtLearned, P. J.
On the 10th of December, 1888, the Smiths, defendants, executed a general assignment. Shortly before they confessed several judgments and executed several chattel mortgages.
The plaintiffs, claiming to be simple contract creditors of the Smiths, brought this action to have the assignment and these judgments and mortgages declared void, principally on the ground that the proceedings as a whole violated the statute against preferences. They claimed to he creditors, first, for.goods sold; second, as holders of two notes of the Smiths.
About December 12, 1888, the plaintiffs, learning of the…
2Cases cited8 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Johnson v. . ElwoodNew York Court of Appeals · 1880
- Geenia v. KeahNew York Supreme Court · 1873
- Iselin v. SmithNew York Supreme Court · 1891
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