In re the Assignment of Foley & Co.
New York Court of Common Pleas
Application by an assignee under a general assignment for the benefit of ci editors for payment to him of moneys of the assigned estate in the hands of his attorney. Foley & Co. made an assignment for the benefit of their creditors to Edward True. Part of the assets assigned were claims against debtors of Foley & Co., which the assignee employed his attorney, David Leventritt, Esq., to collect.
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Application by an assignee under a general assignment for the benefit of ci editors for payment to him of moneys of the assigned estate in the hands of his attorney. Foley & Co. made an assignment for the benefit of their creditors to Edward True. Part of the assets assigned were claims against debtors of Foley & Co., which the assignee employed his attorney, David Leventritt, Esq., to collect. After some of these claims had been collected, but before the proceeds had been paid over to the assignee, Thomas Hanley, one of the creditors of Foley & Co., procured from the Marine Court an…
1Opinion of the CourtJ. F. Daly, J.
The attachment of Thomas Hanley, a creditor of the assignors, Foley & Co., which was issued by the Marine Court on the ground that Foley & Co. had fraudulently disposed of their property, can be levied only upon the property claimed to have been fraudulently assigned, and not upon its proceeds (Lawrence v. Bank of the Republic, 35 N. Y. 320; Lanning v. Streeter, 57 Barb. 33 ; Campbell v. Erie R. Co., 46 Barb. 540; Greenleaf v. Mumford, 50 Barb. 543; McElwain v. Willis, 9 Wend. 548).
In this case the attachment was levied on two classes of property in the possession of David Leventritt,…
2Cases cited5 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Campbell v. Erie Railway Co.New York Supreme Court · 1866
- Greenleaf v. MumfordNew York Supreme Court · 1868
- Lanning v. StreeterNew York Supreme Court · 1869