Sutherland v. . Bradner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the January term, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term.
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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 at the January term, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. On the 4th day of June, 1884, Alonzo Bradner executed, acknowledged and delivered a preferential general assignment for the benefit of his creditors to Andrew J. Holden, as assignee, who, on the same day, executed and acknowledged an acceptance thereof and delivered the completed instrument to the clerk of the county of Livingston by…
1Opinion of the Court
Follett, Ch. J.
A preferential assignment by an insolvent of all his estate, in trust, for the payment of but part of his creditors, which provides that after paying the creditors naméd, the remainder of the assigned estate shall be restored to the assignor, hinders and delays the unpreferred creditors, and it is void as against them. (Goodrich v. Downs, 6 Hill, 438; Barney v. Griffin, 2 N. Y. 365; Collomb v. Caldwell, 16 id. 484.)
The appellants concede that, as against the plaintiffs’ judgment, the assignment, in so far as it affects the real estate is invalid, but urge that it was validated…
2Cases cited6 opinions
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Barney v. . GriffinNew York Court of Appeals · 1849
- Averill v. LoucksNew York Supreme Court · 1849
- Whitaker v. GavitSupreme Court of Connecticut · 1847
- Porter v. Williams & ClarkNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Delaney v. . ValentineNew York Court of Appeals · 1898
- Leventhal v. SpillmanDistrict Court, E.D. New York · 1964
- Hooper v. . BaillieNew York Court of Appeals · 1890
- Peters Shoe Co. v. ArnoldMissouri Court of Appeals · 1899
- Delaney v. ValentineNew York Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.