Barnum v. Hempstead
New York Court of Chancery
This was an appeal from the decision of the late vice chancellor of the eighth circuit, refusing to dissolve an injunction. The complainant was a judgment creditor of Hempstead & Keeler, and his execution upon the judgment had been returned unsatisfied.
Read the full summary
This was an appeal from the decision of the late vice chancellor of the eighth circuit, refusing to dissolve an injunction. The complainant was a judgment creditor of Hempstead & Keeler, and his execution upon the judgment had been returned unsatisfied. He thereupon filed his bill against them and the three other defendants in this cause, to set aside an assignment, of all the real and personal estate and dioses in action and effects of Hempstead & Keeler, to the other three defendants, on the ground that the assignment was void upon its face, and was intended to delay and hinder the…
1Opinion of the Court
The Chancellor.
The first objection which is made to the validity of the assignment in this case is, that it contains a provision to pay to Lay, one of the assignees, for his future advances to and future liabilities for the assignors, in preference to, or to the exclusion of the debts which are due to creditors whose debts had been contracted by the assignors previous to the assignment. If I was satisfied that such was the fair construction of the instrument, I should not hesitate for a moment to declare it fraudulent and void, upon that ground alone; as such an attempt to secure a future…
2Cited by18 opinions
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- Averill v. LoucksNew York Supreme Court · 1849
- Strong v. SkinnerNew York Supreme Court · 1848
- Brainerd v. . DunningNew York Court of Appeals · 1864
13 more not listed; retrieve them via the Exa API.