Lowenstein v. Flauraud
New York Supreme Court
Appeal from an order of the Special Term denying a motion to continue an injunction and for the appointment of a receiver. The plaintiffs brought this action, as judgment creditors of the firm of Elauraud & Son, to set aside an assignment made by it to the defendant Salmon, on the ground that the same is an impediment to the collection of the execution issued on the judgment.
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Appeal from an order of the Special Term denying a motion to continue an injunction and for the appointment of a receiver. The plaintiffs brought this action, as judgment creditors of the firm of Elauraud & Son, to set aside an assignment made by it to the defendant Salmon, on the ground that the same is an impediment to the collection of the execution issued on the judgment. The assignment was not executed and acknowledged as required by section 1 of chapter 348 of 1860. (Oook v. Kelley, 14 Abb., 466 ; Admns v. JETcmghton, 3 id. [N. S.], 46; Treadwell v. 8ackett et al.; 50 Barb., 440 ;…
1Opinion of the Court
Davis, P. J.:
It is well settled in this State that one copartner cannot, by virtue of his power as such partner, make an assignment of the copartnership effects to a trustee for the benefit of the creditors of the firm (Welles v. March, 30 N. Y., 344; Robinson v. Gregory, cited in opinion of Wright, J., in Welles v. March), but one copartner can make such an assignment with the authority of the other partner or partners; and such authority may be implied from circumstances or acts of the partner, or partners, not joining in the execution of the assignment. In Welles v. Ma/reh, one of the…
2Cases cited6 opinions
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Welles v. . MarchNew York Court of Appeals · 1864
- Thrasher v. . BentleyNew York Court of Appeals · 1874
- Palmer v. MyersNew York Supreme Court · 1865
- Baldwin v. TynesNew York Supreme Court · 1865
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