Webb v. Daggett & Green
New York Supreme Court
In Equity. Henry L. Webb and Alfred Douglass recovered a judgment against Derick C. Groot, on the 15th day of May, 1841, for $347,75; upon which executions were issued on the 26th of April, 1845, to the sheriffs of Albany and Schenectady, with directions to collect $249,75 and interest thereon from May 20, 1841, and sheriff’s fees. In 1843, Douglass assigned his interest in the judgment to Webb.
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In Equity. Henry L. Webb and Alfred Douglass recovered a judgment against Derick C. Groot, on the 15th day of May, 1841, for $347,75; upon which executions were issued on the 26th of April, 1845, to the sheriffs of Albany and Schenectady, with directions to collect $249,75 and interest thereon from May 20, 1841, and sheriff’s fees. In 1843, Douglass assigned his interest in the judgment to Webb. The plaintiff in the second cause recovered a judgment against Groot, on the 9th day of June, 1841, for $1391,91, upon which executions were issued to the sheriffs of Albany and Schenectady on the…
1Opinion of the CourtHarris, J.
Though it is now entirely settled in this state that a debtor in failing circumstances may assign his property in trust for his creditors, and give such preferences among them as he may choose, and may also, without the consent and even against the will of all his creditors, select the assignee who is to execute the trusts of the assignment, yet such voluntary conveyances have not ceased to be regarded with jealousy. They are rather tolerated than favored. The principle of allowing an insolvent debtor to give, arbitrarily, such preferences, among creditors equally worthy, as may result in the…
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