Harris v. Thompson
New York Supreme Court
Case agreed upon by the parties, under section 872 of the code. On the first day of April, 1852, at 9 o’clock in the forenoon, several judgments were recovered and docketed, (so as to become liens upon real estate,) against the “ Astorogan Company)” a manufacturing corporation, located and doing business' in the county of Herkimer, amounting in the aggregate to about $12,000. On the same day, at three o’clock in the afternoon, the “ Astorogan Company,” “ in contemplation of…
Read the full summary
Case agreed upon by the parties, under section 872 of the code. On the first day of April, 1852, at 9 o’clock in the forenoon, several judgments were recovered and docketed, (so as to become liens upon real estate,) against the “ Astorogan Company)” a manufacturing corporation, located and doing business' in the county of Herkimer, amounting in the aggregate to about $12,000. On the same day, at three o’clock in the afternoon, the “ Astorogan Company,” “ in contemplation of insolvency,” as stated and admitted in the case, assigned all their real and personal estate, valued at about $50,000,…
1Opinion of the Court
By the Court, W. F. Allen, J.
The case agreed upon states, “ that said assignment was made in contemplation of the insolvency of the said company; but said company had not at any time refused payment of any of its notes, or other evidences of debt, in specie or lawful currency.” The latter branch of the statement is not deemed material by the sheriff and those alleging the invalidity of the assignment. The statute under which the question presented arises is in these words: “ Whenever any incorporated company shall have refused the payment of any of its notes, or other evidences of debt, in…
2Cases cited2 opinions
- Haxton v. BishopNew York Supreme Court · 1829
- De Ruyter v. Trustees of St. Peter's ChurchNew York Court of Chancery · 1848
3Cited by16 opinions
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- Sibell v. . RemsenNew York Court of Appeals · 1865
- Smith v. DanzigNew York Supreme Court · 1883
- Munson v. Genesee Iron & Brass WorksAppellate Division of the Supreme Court of the State of New York · 1899
- Heroy v. KerrThe Superior Court of New York City · 1861
11 more not listed; retrieve them via the Exa API.