Williams v. Boyle
New York Court of Common Pleas
Appeal from special term. Action by Joseph M. Williams, as assignee for the benefit of creditors of John Sanderson, against John Boyle and others, to compel the specific performance of an agreement made by the assignor with the defendants prior to the assignment to the plaintiff, and pursuant to which the defendants promised to pay certain of the assignor’s debts, to procure his exoneration from certain other liabilities, and to discharge their own demands against him.
Read the full summary
Appeal from special term. Action by Joseph M. Williams, as assignee for the benefit of creditors of John Sanderson, against John Boyle and others, to compel the specific performance of an agreement made by the assignor with the defendants prior to the assignment to the plaintiff, and pursuant to which the defendants promised to pay certain of the assignor’s debts, to procure his exoneration from certain other liabilities, and to discharge their own demands against him. Plaintiff appeals from a judgment dismissing the complaint, granted on the trial of plaintiff’s demurrer to a counterclaim…
1Opinion of the CourtBischoff, J.
Plaintiff, as the assignee of one John Sanderson, under an assignment for the benefit of creditors, sued for the specific performance of an agreement entered into between the assignor and the defendants prior to the assignment, pursuant to which, in consideration of the assignor’s stock of merchandise, outstanding demands, and moneys in bank having been conveyed to them, defendants promised to pay the claims of three of the assign- or’s creditors, to secure his exoneration and release from certain other specified obligations, and to discharge their own demands against him. Defendants answered…
2Cases cited7 opinions
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- Traer v. ClewsSupreme Court of the United States · 1885
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- New York Guaranty Company v. Memphis Water CompanySupreme Court of the United States · 1883
- McMahon v. . AllenNew York Court of Appeals · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Forker v. BrownNew York Court of Common Pleas · 1894
- Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
- Keeting v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Moss v. CohenNew York Court of Common Pleas · 1895
- Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
2 more not listed; retrieve them via the Exa API.