Utica City National Bank v. Williams
New York Supreme Court
Action in the nature of a creditors bill to set aside a general assignment made by the defendant, Williams for the benefit of creditors and giving preferences. The plaintiff recovered against Joshua W. Church, as maker, and Elliot S. Williams and Andrew W. Mills, as endorsers, upon certain promissory notes held by it, three several judgments in the month of May, 1887. Executions were issued on each to the proper county and returned wholly unsatisfied.
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Action in the nature of a creditors bill to set aside a general assignment made by the defendant, Williams for the benefit of creditors and giving preferences. The plaintiff recovered against Joshua W. Church, as maker, and Elliot S. Williams and Andrew W. Mills, as endorsers, upon certain promissory notes held by it, three several judgments in the month of May, 1887. Executions were issued on each to the proper county and returned wholly unsatisfied. On the 28th day of April, 1887, the defendant Williams made a general assignment of all his property for the benefit of his creditors, to the…
1Opinion of the CourtKennedy, J.
The contract of guaranty entered into by Williams & Mills ran direct to Albright & Pratt. It was executed by them at the request of the latter on the 20th day of January, 1886 and on the same day handed to Church to deliver to them. Church enclosed it in an envelope, marked the name of Albright & Pratt upon it and laid it his safe, and then notified the persons at their office that he held the paper for them.
The evidence shows that when the paper was handed to Church by Williams & Mills with instructions that he deliver it to Albright & Pratt, it was then put beyond the power of the makers to…
2Cases cited5 opinions
- Church v. GilmanNew York Supreme Court · 1836
- Spencer v. . CarrNew York Court of Appeals · 1871
- Jackson ex dem. Pintard v. BodleNew York Supreme Court · 1822
- Ernst v. ReedNew York Supreme Court · 1867
- Brown v. AustenNew York Supreme Court · 1861