Haydock v. . Coope
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court affirming a judgment in favor of plaintiffs, entered upon the decision of the court at Special Term. This action was brought by plaintiffs, judgment creditors of defendant David Coope, to set aside a general assignment for the benefit of creditors, made by him to the other defendants.
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Appeal from judgment of the General Term of the Supreme Court affirming a judgment in favor of plaintiffs, entered upon the decision of the court at Special Term. This action was brought by plaintiffs, judgment creditors of defendant David Coope, to set aside a general assignment for the benefit of creditors, made by him to the other defendants. The court found the following facts, among others : That on the twenty-first day of October, 1857, the said defendant, David Coope, being insolvent and unable to pay his debts in full, made, executed and delivered a general assignment of his property,…
1Opinion of the CourtGrover, J.
There was evidence tending to prove all the facts found by the judge. His finding must be assumed as correct by this court. The judge found, among other things, that the assignor acting in concert with his son, one of the assignees, bat without the knowledge of the other assignees, simultaneous with the making of the assignment procured from certain of the creditors, to whom a preference was given under the assignments, agreements in writing to lend to his son, one of the assignees, a large portion of the money that they should respectively receive upon their debts under the assignment for…
2Cases cited2 opinions
- Hone v. HenriquezCourt for the Trial of Impeachments and Correction of Errors · 1834
- Spaulding v. . StrangNew York Court of Appeals · 1867
3Cited by12 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
- Lumber Mutual Casualty Insurance v. FriedmanNew York Supreme Court · 1941
- Nat. Park Bk. of N.Y. v. . WhitmoreNew York Court of Appeals · 1887
- Waples-Platter Co. v. LowCourt of Appeals for the Eighth Circuit · 1893
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