Haynes v. . Brooks
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to set aside an assignment by John I. Brooks for the benefit of creditors as fraudulent and void.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to set aside an assignment by John I. Brooks for the benefit of creditors as fraudulent and void. For several years before September 9, 1883, John I. Brooks and Edward C. Brooks were dealers in pork and lard, as partners, under the firm name of John I. Brooks & Oo. They owned real estate paid for by the firm and used…
1Opinion of the Court
Follett, Ch. J.
A sole surviving partner can, without the assent of the representatives of the deceased partner, make a. valid general preferential assignment of the property which belonged to the firm for the benefit of its creditors. ( Williams v. Whedon, 109 N. Y. 333.) The provision in the assignment which devotes the individual property of John I. Brooks to the payment of the creditors of the firm is valid/ (Crook v. Rindskopf, 105 N. Y. 476.)
The plaintiffs assert that the assignment devotes property which belonged to the firm to the payment of the individual debts of John I. Brooks, and…
2Cases cited4 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Bostwick v. . MenckNew York Court of Appeals · 1869
- Crook v. . RindskopfNew York Court of Appeals · 1887
3Cited by6 opinions
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
- Durant v. PiersonNew York Supreme Court · 1890
- In re DunnDistrict Court, E.D. New York · 1931
- People's National Bank v. WilcoxMichigan Supreme Court · 1904
- Durant v. PiersonNew York Supreme Court · 1890
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