Litchfield v. White & Leonard
The Superior Court of New York City
The suit was commenced in September, 1848, by E. Darwin Litchfield, Edwin 0. Litchfield, and Thomas H. Hubbard, against Robert H. White and William H. Leonard. The complaint set forth the recovery of a judgment by the plaintiffs against White for $2057 56, in the supreme court, on the first of May, 1848, the issuing of an execution against White’s property, and the return of the same wholly unsatisfied.
Read the full summary
The suit was commenced in September, 1848, by E. Darwin Litchfield, Edwin 0. Litchfield, and Thomas H. Hubbard, against Robert H. White and William H. Leonard. The complaint set forth the recovery of a judgment by the plaintiffs against White for $2057 56, in the supreme court, on the first of May, 1848, the issuing of an execution against White’s property, and the return of the same wholly unsatisfied. That previous to the sixteenth day of December, 1847, several suits for the collection of debts had been commenced against White, and he had, for several days, concealed himself, to avoid the…
1Opinion of the CourtBy the Court. Sandford, J.
Among other objections to (che validity of this assignment, the plaintiffs contend that the clause exonerating the assignee from accountability for any loss which might be sustained by the trust fund, unless the same should happen “ by reason of Ms ovm gross negligence or wilful *551misfeasance,” renders it fraudulent in law, and void as against the assignor’s creditors. This clause, it is said, is an attempt to exempt the assignee from the liability which the law attaches to the office of trustee; and therefore shows an intent to delay creditors by placing the property beyond their reach, and to…
2Cited by8 opinions
- Hun v. . CaryNew York Court of Appeals · 1880
- Marshall v. F. & M. Savings BankSupreme Court of Virginia · 1889
- In the Matter of the Accounting of DeanNew York Court of Appeals · 1881
- Ludington's PetitionNew York Court of Common Pleas · 1878
- Gilmore v. TuttleNew Jersey Court of Chancery · 1880
3 more not listed; retrieve them via the Exa API.