Hess v. Blakeslee
New York Supreme Court
Appeal from judgment entered on decision of the court at Wyoming special term, dismissing the complaint on the merits. The plaintiff was appointed in proceedings supplementary to executions issued upon several judgments against the ■defendant Stryker, receiver of his property, and as such brought this action to set aside as fraudulent against such judgment-creditors an assignment made to Blakeslee by the defendant Stryker in trust for the creditors of the assignor, of date…
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Appeal from judgment entered on decision of the court at Wyoming special term, dismissing the complaint on the merits. The plaintiff was appointed in proceedings supplementary to executions issued upon several judgments against the ■defendant Stryker, receiver of his property, and as such brought this action to set aside as fraudulent against such judgment-creditors an assignment made to Blakeslee by the defendant Stryker in trust for the creditors of the assignor, of date December 13, 1883. The court found that the assignment was valid, and dismissed the complaint and the plaintiff’s appeals.
1Opinion of the CourtBradley, J.
The assignment, by its terms, is made to “ George Blakeslee, his successors and assigns ;” and it is contended by the plaintiff’s counsel that by reason of the word “assigns” appearing in that connection the assignment is fraudulent and void as against the assignor.
That question here cannot be distinguished from that arising in the case of Flagler v. Schoeffel, decided at the last term of this court adversely to such contention. In that case the assignment, by its terms, was to the assignee named, his heirs, executors, administrators and assigns, in trust for the creditors of the assignor.…
2Cases cited3 opinions
- Bradner v. . StrangNew York Court of Appeals · 1882
- Spear & Ripley v. WardellNew York Court of Appeals · 1848
- Hauselt v. VilmarThe Superior Court of New York City · 1877