Scott v. Guthrie
The Superior Court of New York City
This was an appeal from a judgment recovered by the plaintiff in a creditor’s suit against the defendants, O. B. Guthrie, Elwood Byerly and Allston Allen. The plaintiff was a judgment creditor of the defendants Byerly and Allen. His judgment was recorded against them as copartners and joint debtors, in December, 1861, for $1,467.76, and an execution was issued and returned unsatisfied.
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This was an appeal from a judgment recovered by the plaintiff in a creditor’s suit against the defendants, O. B. Guthrie, Elwood Byerly and Allston Allen. The plaintiff was a judgment creditor of the defendants Byerly and Allen. His judgment was recorded against them as copartners and joint debtors, in December, 1861, for $1,467.76, and an execution was issued and returned unsatisfied. The plaintiff now brought this action to set aside an assignment they had made and to have the assets applied to the payment of his judgment. On the 24th of October, 1860, Byerly and Allen, being then…
1Opinion of the Court
By the Court—Monell, J.
Hone of the objections to the assignment arising under the act of 1860 (Laws of 1860, ch. 348) are well taken. The acknowledgment by the assignors was in due form, and properly indorsed. Whether the schedule was properly annexed or sufficiently acknowledged does not seem to me to be material in this case. If omitted entirely, or wholly unacknowledged, the assignment would not therefore be fraudulent and void. It might be, in part, incapable of execution, and the preferred creditors might lose their preference; but the assignment would be valid and the trusts capable of…
2Cases cited6 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Wilder v. KeelerNew York Court of Chancery · 1831
- Ketchum v. DurkeeNew York Court of Chancery · 1846
- Morrison v. AtwellThe Superior Court of New York City · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Friend v. MichaelisCity of New York Municipal Court · 1885
- In re the Assignment of Hallock, New York County Courts1905