Rockwell v. . McGovern
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court in the city of New York, affirming a judgment in favor of defendants, entered upon a verdict. (Reported below, 8 J. & S., 118.) This was an action of ejectment to recover possession of certain premises situate in the city of New York. The facts appear sufficiently in the opinion. An assignment by an. insolvent in trust for his creditors is good without any valuable consideration being expressed.
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Appeal from judgment of the General Term of the Superior Court in the city of New York, affirming a judgment in favor of defendants, entered upon a verdict. (Reported below, 8 J. & S., 118.) This was an action of ejectment to recover possession of certain premises situate in the city of New York. The facts appear sufficiently in the opinion. An assignment by an. insolvent in trust for his creditors is good without any valuable consideration being expressed. ( Cunningham v. Freeborn, 11 Wend., 240; Burrill on Assignments [2d ed.], chap. 15, p. 239; 2 Scott, 582.) A deed in invitum is binding…
1Opinion of the CourtAndrews, J.
In the year 1845 Isaac Y. Paddock, who then owned the lot in controversy, presented to the County Judge of Westchester county a petition signed by himself and certain of his creditors, for his discharge from his debts, under the provisions- of Art. 3, chap. 5, tit. 1, part 2, of the Revised Statutes, relating to “voluntary assignments made pursuant to an application of an insolvent and his creditors.”
The judge entertained the proceeding, and it was carried so far that an assignment of the insolvent’s estate was directed, and the petitioner executed an assignment to the plaintiff Rockwell. The…
2Cases cited5 opinions
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Striker v. . MottNew York Court of Appeals · 1863
- Ely v. . CookeNew York Court of Appeals · 1863
- Morris v. . WardNew York Court of Appeals · 1867
- Rockwell v. . BrownNew York Court of Appeals · 1873
3Cited by3 opinions
- First National Bank v. HughesMissouri Court of Appeals · 1881
- Clapp v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1896
- Hendy v. SmithNew York Supreme Court · 1888