Reichenbach v. Winkhaus
New York Court of Common Pleas
Trial of an action by the court without a jury. • The action was brought bjr judgment creditors to set aside a general assignment by the judgment debtor for the benefit of his creditors.
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Trial of an action by the court without a jury. • The action was brought bjr judgment creditors to set aside a general assignment by the judgment debtor for the benefit of his creditors. It appeared from the evidence that the defendant Spethmann, the assignor, being insolvent and intending to go to Europe to see his creditors, executed an assignment for the benefit of his creditors, without preferences, to the defendant Winkhaus, which was dated and acknowledged by both the assignor and assignee on March 19th, 1883. The instrument contained the usual acceptance of the trust by the assignee.…
1Opinion of the CourtBeach, J.
[After stating the facts as above.] — A prompt decision of this case seems desirable, because, if *527postponed, long delay will unavoidably result. For that reason, my conclusion is briefly stated, without argument. An insolvent assignment reserving to the assignor power of revocation is void in judgment of law (Riggs v. Murray, 2 Johns. Ch. 565; s. c., 15 Johns. 571).' Any purpose of the assignor which would render the assignment legally fraudulent if contained in the deed, is equally effective if shown by other proof (Gasherie v. Apple, 14 Abb. Pr. 64). The deposit of the assignment with a…
2Cases cited6 opinions
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Riggs v. MurrayNew York Court of Chancery · 1817
- Hunter v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Butler v. StoddardNew York Court of Chancery · 1838
- Connah v. SedgwickNew York Supreme Court · 1847
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3Cited by1 opinion
- Kingston v. KochNew York Supreme Court · 1890