In re the General Assignment of Wilkinson
New York Supreme Court
Appeal from an order of the county judge of Onondaga county, denying a motion to vacate an order for the examination of the1 appellants. December 9, 1884, Alfred and J. Forman Wilkinson made a general assignment to Charles E. Hubbell for the benefit of creditors, which was recorded December 10, 1884, in the office of the clerk of the county of Onondaga. The assignee accepted the trust and entered upon the discharge of his duties.
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Appeal from an order of the county judge of Onondaga county, denying a motion to vacate an order for the examination of the1 appellants. December 9, 1884, Alfred and J. Forman Wilkinson made a general assignment to Charles E. Hubbell for the benefit of creditors, which was recorded December 10, 1884, in the office of the clerk of the county of Onondaga. The assignee accepted the trust and entered upon the discharge of his duties. December 20,1884, an inventory and schedules were filed, pursuant to section 3 of the general assignment act (chap. 466 of 1877), in which Poune, the reespondent, is…
1Opinion of the Court
Follett, J.:
The only ground urged for the reversal of this order is that if the petitioner’s allegations are true, the evidence discovered would support an action to set aside the assignment as fraudulent. The petition states that, shortly before the assignment, the assignors conveyed to relatives, by deed and mortgage, a large amount of real estate for an inadequate consideration; that the inventoried liabilities greatly exceed the inventoried assets; and other state-*136merits which, if true, lead to the belief that the inventory does not correctly set forth the assets and liabilities, though…
2Cases cited7 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Chapin v. . ThompsonNew York Court of Appeals · 1882
- Kavanagh v. BeckwithNew York Supreme Court · 1865
- In re the General Assignment of BurtnettNew York Court of Common Pleas · 1879
- In re the Assignment of GoldsmithNew York Court of Common Pleas · 1882
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