Litchfield v. Pelton
New York Supreme Court
This was an appeal by the defendants from an order made at a special term of this court, denying a motion on the part of the defendants, to dissolve an injunction, and granting the plaintiffs’ motion for a receiver.
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This was an appeal by the defendants from an order made at a special term of this court, denying a motion on the part of the defendants, to dissolve an injunction, and granting the plaintiffs’ motion for a receiver. The complaint was filed by the plaintiffs as judgment creditors of Charles M. Pelton, against the said Charles M. Pelton, George P. Pelton and William H. Bradley, to set aside a sale made by Charles M. Pelton, to George P. Pelton, of all his property, and an assignment made by him to Bradley, of the securities taken from George P. Pelton on such sale, for the benefit of certain…
1Opinion of the Court
By the Court, Hurlbut, J.
It is very evident that the sale from Charles M. Pelton to his brother, and the assignment of the former to Bradley, are to be regarded as one transaction, in which the Peltons, together with the creditors preferred by the 2d and 3d articles of the assignment, and the assignee Bradley, must be considered as having acted together for the attainment of the same end. Charles M. Pelton was embarrassed and pressed with suits by his creditors. An action of the plaintiffs was running against him, and required but a week to be determined by a judgment. He was unable to pay…
2Cited by1 opinion
- Jaeger v. KellyThe Superior Court of New York City · 1868