Durant v. Pierson
New York Supreme Court
Appeal from judgments entered on report of referee. Two actions respectively brought by Edward A. Durant, Jr., and Hiram-Miller against Henry E. Pierson, as survivor of the firm of Henry R. Pierson & Son, a firm composed of himself and Henry E. Pierson, deceased, and Robert C. Pruyn, as assignee of Henry E. Pierson, as survivor of the firm of Henry B. Pierson & Son. There was judgment for the plaintiffs in both actions, and defendants appeal therefrom.
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Appeal from judgments entered on report of referee. Two actions respectively brought by Edward A. Durant, Jr., and Hiram-Miller against Henry E. Pierson, as survivor of the firm of Henry R. Pierson & Son, a firm composed of himself and Henry E. Pierson, deceased, and Robert C. Pruyn, as assignee of Henry E. Pierson, as survivor of the firm of Henry B. Pierson & Son. There was judgment for the plaintiffs in both actions, and defendants appeal therefrom. For opinion on motion to make complaint more definite and certain, see 8 N. Y. Supp. 904.
1Dissent
Landon, J.,
(dissenting.) . This case does not depend upon the question whether the bank could recover the note against the survivor out of the as*848sets of the firm estate, but whether the survivor could, under the circumstances, lawfully provide for its payment to the bank. It may be conceded that, without the assignment, the bank could not recover; but if, before-the assignment, the survivor could have paid himself out of the firm property, it would not be a fraud for him to transfer by the assignment his right to-the bank. The note given by Pierson the survivor to the National Commercial Bank…
2Cases cited4 opinions
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Williams v. . WhedonNew York Court of Appeals · 1888
- Nehrboss v. . BlissNew York Court of Appeals · 1882
- Haynes v. . BrooksNew York Court of Appeals · 1889