Legal Opinion

Wilcox v. Payne

New York Supreme Court

Decided January 8, 1889PublishedCited by 1 opinion

Action by D. Wilcox and another against William H. Payne and others, to set aside an assignment for the benefit of creditors.

1Opinion of the CourtBeach, J.

The plaintiffs, with the judgment and execution issued and returned unsatisfied, bring suit to declare void defendants Payne and Steek’s general assignment to defendant Smith for the benefit of creditors, dated December 28, and accepted December 29, 1887. On December 28th the defendants confessed judgment to various creditors, presumably for paying off debts, amounting to about $30,000, and levy was made without delay upon the personal property belonging to the firm, to a large amount, and precedent to the assignment. It appeared on the trial that within 12 days prior to December 28th the…

2Cases cited3 opinions

  1. Preston v. SpauldingIllinois Supreme Court · 1887
  2. McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
  3. Berry v. CuttsSupreme Judicial Court of Maine · 1856

3Cited by1 opinion

  1. Thalheimer v. KlapetzyNew York Supreme Court · 1891

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