Connah v. Sedgwick
New York Supreme Court
In EauiTv. The bill in this cause was a creditor’s bill, filed against R. Sedgwick, jun., the judgment debtor, and R. Sedgwick his assignee. The judgment debtor is a son of the defendant R. Sedgwick; and after his failure he executed an assignment of all his property to his father, in which he gave the latter a preference for a large amount, in the payment of the debts owing by him.
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In EauiTv. The bill in this cause was a creditor’s bill, filed against R. Sedgwick, jun., the judgment debtor, and R. Sedgwick his assignee. The judgment debtor is a son of the defendant R. Sedgwick; and after his failure he executed an assignment of all his property to his father, in which he gave the latter a preference for a large amount, in the payment of the debts owing by him. The bill charges that the assignment was fraudulent; that the assignee is insolvent, and that there has been no change of possession as to the property assigned. And it prays for an injunction and receiver, and…
1Opinion of the CourtEdmonds, J.
There can be no occasion to consider the objections made, that the statements of the bill are on information only, and that the affidavits annexed are defective in point of form; because the answer itself states three facts which are of themselves sufficient to warrant the granting the motion for a receiver.
1. The change of possession. Under the provisions of the statute, unless the assignment was accompanied by an immediate delivery of the assigned property, and is followed by an actual and continued change of possession, I am bound to presume it fraudulent and void as against creditors, and…
2Cases cited2 opinions
- Hart v. CraneNew York Court of Chancery · 1837
- Reed v. EmeryNew York Court of Chancery · 1840
3Cited by4 opinions
- Ex Rel. Cameron v. District CourtNevada Supreme Court · 1924
- Lutt v. GrimontAppellate Court of Illinois · 1885
- Reichenbach v. WinkhausNew York Court of Common Pleas · 1884
- Jaeger v. KellyThe Superior Court of New York City · 1868