James Chambers, Ltd. v. Smith
New York Supreme Court
Appeal from judgment on report of referee. Action by James Chambers, Limited, a judgment creditor, against E. Leroy Smith, assignee, etc., and Burr W. Upham, to set aside a general assignment of defendant Upham to defendant Smith for the benefit of creditors, on the ground of fraud. The case shows that prior to October 14, 1888, J. M. Up-ham and Burr W. Upham were partners in business under the firm name of J. W. Upham & Son.
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Appeal from judgment on report of referee. Action by James Chambers, Limited, a judgment creditor, against E. Leroy Smith, assignee, etc., and Burr W. Upham, to set aside a general assignment of defendant Upham to defendant Smith for the benefit of creditors, on the ground of fraud. The case shows that prior to October 14, 1888, J. M. Up-ham and Burr W. Upham were partners in business under the firm name of J. W. Upham & Son. That on that day J. M. Upham died intestate, leaving no widow, and that the defendant Burr W. Upham was his only heir and next of kin, and that no administration was…
1Opinion of the CourtMayham, J.
The plaintiff attacks this assignment on the ground that upon its face it does not conform to the provisions of chapter 503 of the Laws of 1887. By this act, chapter 466 of the Laws of 1877, as the same had been amended, was again amended by adding another section, as section 30, which pfovides that, “in all general assignments of the estates of debtors, for the benefit of creditors, hereafter made, any preference created therein * * * shall not be valid, except to the amount of one-third in value of the assigned estate left after deducting such wages or salaries, and the cost and expenses of…
2Cases cited10 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Billings v. . RussellNew York Court of Appeals · 1886
- Webb v. Daggett & GreenNew York Supreme Court · 1847
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3Cited by4 opinions
- White v. BenjaminThe Superior Court of the City of New York and Buffalo · 1893
- Schwab v. KaughranNew York Supreme Court · 1891
- Universal Bag Co. v. FensleyNew York Supreme Court · 1896
- Ralph v. BrickellNew York Supreme Court · 1889