Thrasher v. Bentley
New York Court of Appeals
This action was brought by plaintiff, as an assignee under an assignment for benefit of creditors, to recover on an account for goods sold, &e., by his assignor, to the defendant.
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This action was brought by plaintiff, as an assignee under an assignment for benefit of creditors, to recover on an account for goods sold, &e., by his assignor, to the defendant. The assignment was dated and acknowledged, November 27th, 1871; the assignee’s acceptance of the trust, November 28th, 1871; a bond by the assignee, and justification, dated November 28th, 1871, was approved by the special county judge, but there was nothing to indicate absence or inability of the county judge, and the approval bore no date. The bond was filed December 1st, 1871. Demand of the sum sued for was made…
1Opinion of the CourtFolger, J.
The assignment from Syme to the plaintiff, in trust to pay all his creditors equally, was not void, so far as any facts appear in this case.
The first position of the appellant is that the act of 1860 (Laws of 1860, chap. 348, p. 594) is void; for that it is suspended by the bankrupt act of the United States. It is true that any laws of the State legislature which are the same in object, effect and method, as the bankrupt act of Congress, are inoperative so long as the latter act is in force. But if it should be granted that the act of 1860 is of that sort, still the assignment in this case is…
2Cases cited4 opinions
- Globe Ins. v. Cleveland Ins.U.S. Circuit Court for the District of Northern Ohio · 1876
- Hawkins's Appeal from ProbateSupreme Court of Connecticut · 1868
- Seymour v. MercerNew York Supreme Court · 1856
- The People v. . MainNew York Court of Appeals · 1859
3Cited by1 opinion
- In Re the Accounting of SheldonNew York Court of Appeals · 1903