Legal Opinion

Manning v. . Beck

New York Court of Appeals

Decided December 1, 1891PublishedCited by 31 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an .order made on the first Tuesday of January, 1891, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The plaintiffs in this action were, at the time of the commencement thereof, judgment creditors of the defendant Louis P. Beck, and they brought the action against him, and William H. Beck and IT.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an .order made on the first Tuesday of January, 1891, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. The plaintiffs in this action were, at the time of the commencement thereof, judgment creditors of the defendant Louis P. Beck, and they brought the action against him, and William H. Beck and IT. Israel Weinberg, for the purpose of setting aside a bill of sale executed by Louis P., to William H. Beck, and an assignment…

1Opinion of the CourtPeckham, J.

By chapter 503 of the laws of this state, passed in 1887, it was enacted that “ In all general assignments of the estates of debtors for the benefit of creditors hereafter made, any preference created therein-shall not be valid except to the amount of one-third in value of the assigned estate left after deducting-the costs and expenses of executing such trust; and should one-third of the assets of the assignor be insufficient to pay in full the preferred claims to which, under the provisions of this section, the same are applicable, then- the said assets shall be applied to the payment of the…

2Cases cited3 opinions

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. White v. CotzhausenSupreme Court of the United States · 1889
  3. Berger v. . VarrelmannNew York Court of Appeals · 1891

3Cited by31 opinions

  1. Alexander & Alexander of New York, Inc. v. FritzenNew York Court of Appeals · 1986
  2. Tompkins v. . HunterNew York Court of Appeals · 1896
  3. Shotwell v. . DixonNew York Court of Appeals · 1900
  4. Delaney v. . ValentineNew York Court of Appeals · 1898
  5. Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894

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