Legal Opinion

Illinois Watch Co. v. Payne

New York Supreme Court

Decided October 24, 1890PublishedCited by 4 opinions

Appeal from special term, New York county. Action by the Illinois Watch Company and others, judgment creditors of defendants William H. Payne and Frederick D. Steck, to set aside as fraudulent a general assignment made by said defendants for the benefit of their creditors, and also to set aside as fraudulent certain judgments confessed by said defendants to the defendants May L. Payne, Augusta L. Bamber, and Louise Nellis.

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Appeal from special term, New York county. Action by the Illinois Watch Company and others, judgment creditors of defendants William H. Payne and Frederick D. Steck, to set aside as fraudulent a general assignment made by said defendants for the benefit of their creditors, and also to set aside as fraudulent certain judgments confessed by said defendants to the defendants May L. Payne, Augusta L. Bamber, and Louise Nellis. Judgment was rendered setting aside the assignment and the judgments so confessed with the executions issued thereon. From this judgment the defendants May L. Payne,…

1Opinion of the CourtDaniels, J.

The plaintiffs are judgment creditors of the defendants William H. Payne and Frederick D. Steck, who had been engaged in business under the firm name of Payne, Steck & Co. The firm became insolvent, and on the 28th of December, 1887, made a general assignment with no other preference than that in favor of its employes, for the benefit of creditors. On the same day of the execution and delivery of the assignment, and immediately preceding that act, the assignors confessed three judgments, one of which was in favor of each of the appellants. But in the complaint this assignment and these…

2Cases cited4 opinions

  1. Loos v. . WilkinsonNew York Court of Appeals · 1888
  2. Starin v. . KellyNew York Court of Appeals · 1882
  3. Frost v. . KoonNew York Court of Appeals · 1864
  4. Harrison v. . GibbonsNew York Court of Appeals · 1877

3Cited by4 opinions

  1. Galle v. . TodeNew York Court of Appeals · 1896
  2. Lopez v. Merchants & Farmer's National BankAppellate Division of the Supreme Court of the State of New York · 1897
  3. Galle v. TodeNew York Supreme Court · 1893
  4. Illinois Watch Co. v. PayneAppellate Division of the Supreme Court of the State of New York · 1899

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