Kelly v. Baker
New York Court of Common Pleas
Motion for an injunction and receiver. The plaintiffs were judgment creditors of the firm of Baker & Reynaud, and an execution on their judgment had been duly returned unsatisfied.
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Motion for an injunction and receiver. The plaintiffs were judgment creditors of the firm of Baker & Reynaud, and an execution on their judgment had been duly returned unsatisfied. On a complaint showing these facts, and alleging that Reynaud, without the consent or concurrence of Baker, had, by a general assignment, transferred all the property of the firm to the defendant Lignot, for the benefit of creditors, and without preferences, application was made for a receiver of all the property thus transferred, and an injunction restraining the defendants from interfering with it. The opposing…
1Opinion of the CourtBrady, J.
An assignment for the benefit of creditors, with or without preferences, made by one or more copartners, without the concurrence, consent, or authority of all, is .absolutely void; (Wetter v. Schlieper, 4 E. D. Smith, 707); and in this case, therefore, the only question presented is, whether the copartner making the assignment had authority thereto. On that subject the papers on which this motion is made disclose the following letter from the dissenting partner, written to his associate, and received prior to the assignment:—
November 13, 1857.
Adolphe Reynaud, Esq. :
Rear Sir,•—I tried in every…
2Cases cited1 opinion
- Kemp v. CarnleyThe Superior Court of New York City · 1853
3Cited by2 opinions
- Cook v. KellyNew York Court of Common Pleas · 1862
- National Bank v. SackettNew York Court of Common Pleas · 1867