Burhans v. Kelly
New York Supreme Court
Appeal from special term. Henry N. Burhans sued to set aside an assignment made by Hugh Kelly as fraudulent. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtLearned, P. J.
Braithwaite and Kelly were partners. December 1,1884, Braithwaite sold out to Kelly; May 25, 1885, Kelly assigned to Chandler. Plaintiff recovered a judgment against Braithwaite and Kelly, June 23, 1885. After return of execution unsatisfied, they brought this action against Chandler, Braithwaite, and Kelly, to set aside the assignment as fraudulent. They claim that the firm was insolvent when Braithwaite sold out; that his alleged sale was fraudulent; that the assignment preferred individual debts of Kelly, to the injury of partnership creditors. The court held the assignment fraudulent, and…
2Cases cited4 opinions
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Saunders v. . ReillyNew York Court of Appeals · 1887
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Stanton v. . WestoverNew York Court of Appeals · 1886
3Cited by3 opinions
- Murray v. GeretyCity of New York Municipal Court · 1890
- Bulger v. RosaNew York Supreme Court · 1889
- Scofield v. SpauldingNew York Supreme Court · 1889