Schofield v. Scott
New York Supreme Court
Appeal from judgment on report of referee. Action by Amos B. Schofield against La Fayette C. Scott and others. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtDwight, J.
The action was in the nature of a creditors’ bill, to set aside a voluntary assignment on the ground of fraud. The assignment wras made by the defendants McTighe & Carringer, who were partners in business, and, as such, were debtors in failing circumstances. The defendants Scott & White were the assignees named in, and who accepted, the assignment, ostensibly for the benefit of creditors. They were also partners in business, and, as such, creditors of the assignors; and the debt due to them was, aside from wages due to employes, the only one to wdiich preference was given in the assignment.…
2Cases cited2 opinions
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Rathbun v. PlatnerNew York Supreme Court · 1854
3Cited by1 opinion
- Turney v. Van GelderNew York Supreme Court · 1893