Dow v. . Platner
New York Court of Appeals
Appeal from the Supreme Court. The defendant was sued for having, as sheriff of Otsego, seized and taken certain goods as the property of one Peck by virtue of an execution against him.
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Appeal from the Supreme Court. The defendant was sued for having, as sheriff of Otsego, seized and taken certain goods as the property of one Peck by virtue of an execution against him. The plaintiffs claimed to hold the property under an assignment by Peck of all his personal estate to them in trust for the benefit of creditors, on the 13th August, 1851. The assignment contained this clause; “ whereas I confessed a judgment, in March last, to said Dow and Rathbun, as security, for their liabilities for me, and which judgment said trustees are authorized to use to perfect title to any real…
1Opinion of the CourtRoosevelt, J.
The main point to be determined in this case is whether an assignment and confession of judgment, executed by one Peck to Rathbun and Dow, are valid or void. From the decision of the Supreme Court, sustaining 'their validity, the defendant, on behalf of the general creditors, appeals to this court.
The object of the judgment confessed by Peck, as appears from the sworn statement, was to secure the plaintiffs as accommodation indorsers of Ms drafts. The object of the assignment, which was executed more than five months subsequently, was to pay all the creditors in a certain order of preference,…
2Cases cited1 opinion
- Farnham v. CampbellNew York Court of Chancery · 1844
3Cited by10 opinions
- Coyne v. . WeaverNew York Court of Appeals · 1881
- Muhr v. PinoverCourt of Appeals of Maryland · 1887
- Townsend v. . StearnsNew York Court of Appeals · 1865
- First National Bank v. MartinNew York Supreme Court · 1888
- Red River Valley Bank v. FreemanNorth Dakota Supreme Court · 1890
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