Porter v. . Williams and Clark
New York Court of Appeals
On the 5th of January, 1850, the defendant Williams, who was then a debtor of The Dutchess County Iron Company, made an assignment of all his property, real and personal, except such as was by law exempt from execution, • to the defendant Clark, for the benefit of his creditors, according to a certain order of preference.
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On the 5th of January, 1850, the defendant Williams, who was then a debtor of The Dutchess County Iron Company, made an assignment of all his property, real and personal, except such as was by law exempt from execution, • to the defendant Clark, for the benefit of his creditors, according to a certain order of preference. By the terms of this instrument the assignee was authorized to dispose of the property assigned “ either at public or private sale, to such person or persons, for such price or prices and oh • such terms and conditions, and either for cash or credit, as in his judgment may…
1Opinion of the CourtWillabd, J.
The first question is whether a receiver, appointed by a justice of the supreme court under supplementary proceedings instituted by a judgment creditor, upon the return of executions unsatisfied, in pursuance of the provisions of the Code of 1849, §§ 292 to 298, can, after perfecting his appointment, maintain an action in Ms own name to set aside an assignment of real and personal property made by the judgment debtor, on the ground of fraud, without havmg first received from such debtor an assignment to himself as such receiver.
By § 298 of the Code of 1849 the receiver appomted under…
2Cases cited9 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Brownell v. CurtisNew York Court of Chancery · 1843
- Jackson v. GarnseyNew York Supreme Court · 1819
- Wilson v. AllenNew York Supreme Court · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Wright v. . NostrandNew York Court of Appeals · 1883
- Ward v. . PetrieNew York Court of Appeals · 1898
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- Pink v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
37 more not listed; retrieve them via the Exa API.