Clark v. Andrews
New York Court of Common Pleas
Appeal from equity term. Action by Cyrus Clark against Proctor H. Andrews and another to set aside an assignment for the benefit of creditors. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtPryor, J.
We fully share the anxiety avowed by the learned trial judge to annul this assignment, but we are more fortunate than he in assuring ourselves of sufficient legal ground for the gratification of our common desire. On the rendition of the verdict in favor of the plaintiff, the defendant assign- or’s counsel asked and obtained a stay of 20 days, ostensibly for the purpose of an appeal or new trial. But neither was an appeal taken nor a new trial moved. Pending the stay, plaintiff’s counsel was lulled into security and inaction by assurances from the attorney of defendant that his means were…
2Cases cited11 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Lang v. SimmonsWisconsin Supreme Court · 1885
- Haydock v. . CoopeNew York Court of Appeals · 1873
- Manning v. BeckNew York Supreme Court · 1889
- Smith v. CraftU.S. Circuit Court for the District of Indiana · 1882
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