Sweetser v. Smith
New York Supreme Court
At chambers. On motion to make injunction permanent. Action by Sweetser, Pembrook & Co. against Adam B. Smith and others, to set aside sixteen judgments and three chattel mortgages, executed by Adam B. Smith and William C. Smith, as in fraud of an assignment for benefit of creditors executed by them on the same day.
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At chambers. On motion to make injunction permanent. Action by Sweetser, Pembrook & Co. against Adam B. Smith and others, to set aside sixteen judgments and three chattel mortgages, executed by Adam B. Smith and William C. Smith, as in fraud of an assignment for benefit of creditors executed by them on the same day. Seven of the judgments were confessed in favor of the bank, of which the assignee was cashier; and the president of the bank, who was the father of the assignee, was an indorser on several of the notes representing the indebtedness. Executions were immediately issued on these…
1Opinion of the CourtPatterson, J.
It has been held in this district, in several special term cases (Riessner v. Cohn, 1 N. Y. Supp. 161, May, 1888; Bank v. Clark, Id. 207; and Spellman v. Soussman, post, 6 N. Y. Supp.) that voluntary conveyances, made contemporaneously with the making of a general assignment, are to be regarded as part of the assignment; and if the preferences thus given are void in whole or in part, the assignee may maintain an action to prevent the enforcement of such conveyances or liens, and, if he neglects to do so, a creditor,' as a cestui que trust under the assignment, may bring suit to preserve the…
2Cases cited9 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Moller v. . TuskaNew York Court of Appeals · 1881
- Kinney v. . KiernanNew York Court of Appeals · 1872
- Powers v. . BenedictNew York Court of Appeals · 1882
- Kellogg v. SchuylerNew York Supreme Court · 1846
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3Cited by3 opinions
- Berger v. . VarrelmannNew York Court of Appeals · 1891
- First National Bank v. BardNew York Supreme Court · 1891
- Brewer v. FordNew York Supreme Court · 1891