Newman v. Clapp
New York Supreme Court
Cbeditob’s suit to set aside an assignment for the benefit of creditors. The facts sufficiently appear in the opinion.
1Opinion of the CourtPryor, J.
The complaint impugns-the validity of a firm assignment for the benefit of creditors on the ground that, the assign- ■ ors, in contemplation of the assignment, retained a portion of the ‘ copartnership assets from its operation. The fact is conceded that on the eve of the assignment the assignors withdrew $10,300 from . the funds of the firm, leaving but $10,060.65 for the liquidation of liabilities to the amount of $204,509.59. Of the sum so withdrawn $505.22 is not accounted for; $4,494.78 was paid to Mary C. Clapp, the wife of One assignor and the mother of the other, in discharge, of a…
2Cases cited13 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Bulger v. . RosaNew York Court of Appeals · 1890
- Milliman v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Manchester v. . TibbettsNew York Court of Appeals · 1890
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3Cited by1 opinion
- Hardt v. DeutschNew York Supreme Court · 1897