Legal Opinion

Coffin v. . McLean

New York Court of Appeals

Decided April 6, 1880PublishedCited by 19 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. The nature of the action and the facts appear sufficiently in the opinion. The plaintiff as voluntary assignee for the benefit of creditors, took subject to all the rights and equities existing against his assignor.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. The nature of the action and the facts appear sufficiently in the opinion. The plaintiff as voluntary assignee for the benefit of creditors, took subject to all the rights and equities existing against his assignor. (Ex parte Howe, 1 Paige, 125; Blade v. Van Vetchen, 11 id., 21; Cools v. Smith, 3 Sandf. Chy., 333; Maas v. Goodman, 2 Hill, 278; Meed v. Sands et al., 37 Barb., 185; Griffin v.…

1Opinion of the CourtFolgeb, J.

This is an action on an undertaking, given for some of the defendants, oil a claim by them for the immediate delivery of personal property, in an action brought by them against one Meade. Before the determination of that action Meade became insolvent, and made a' general assignment for the benefit of his creditors,, whereby his interest in the property, in that action and in that undertaking, passed to the plaintiff, his assignee. The plaintiff defended the action and recovered a judgment therein for the value of the property, and issued execution thereon without effect; for the plaintiffs in…

2Cases cited2 opinions

  1. Patterson v. . PattersonNew York Court of Appeals · 1875
  2. Smith v. . FeltonNew York Court of Appeals · 1871

3Cited by19 opinions

  1. Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
  2. Stadler v. First National BankMontana Supreme Court · 1899
  3. Huse v. AmesSupreme Court of Missouri · 1890
  4. Storts v. GeorgeSupreme Court of Missouri · 1899
  5. Nolan Bros. Lumber v. Dudley Lumber Co.Tennessee Supreme Court · 1913

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