Jaeger v. Kelly

I concur in the reasoning of Mr. Justice Jones, and am for reversing the judgment.

Robertson, Ch. J.

Although it may not be entirely well settled how far general unfitness to discharge the duties of his trust, on the part of a voluntary assignee, for the benefit of creditors,, may render the assignment • to him fraudulent and void, as matter of law, certain disqualifications are certainly held to do so. His irresponsibility is one, (Reed v. Emery, 8 Paige, 417; Connah v. Sedgwick, 1 Barb. 210;) but it must be known to the assignor (Browning v. Hart, 6 Barb. 91) at the time. It is true, where an…