Legal Opinion

Livermore v. Jenckes

Supreme Court of the United States

Decided January 18, 1859PublishedCited by 4 opinions

This was an appeal from the Circuit Court'of the United States for the southern district of New York, sitting in equity. Livermore and Sexton, who;filed the bill; were citizens of New York, and Jenckes, Earnum, and Waterman, citizens of Rhode. Island.

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This was an appeal from the Circuit Court'of the United States for the southern district of New York, sitting in equity. Livermore and Sexton, who;filed the bill; were citizens of New York, and Jenckes, Earnum, and Waterman, citizens of Rhode. Island. The complainants claimed to set aside an assignment made on the 19th, of April, 1854, by Waterman, to Jencke3 & Earnum, upon the ground that the assignment was to enure to such of Waterman’s creditors who should sign a release! This provision, it was admitted, was valid by the laws of Rhode Island, where the assignment was executed, but invalid…

1Opinion of the CourtJustice Wayne

This bill was filed by thq appellants in the Circuit Court of the United States for the southern district of New York, as judgment creditors of the respondents, Waterman & Samuel Harris, to avoid an assignment made by Waterman to the respondents, Jenckes & Earnum, in trust for the payment of the creditors of Harris & Waterman, and of Waterman individually.

The appellants seek to avoid the assignment, on the ground that it was voidable, from its tending to hinder, delay, and defraud creditors; because there is a reservation in it to the assignee of the 'dividends of such creditors as should…

2Cited by4 opinions

  1. Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
  2. Keating v. VaughnTexas Supreme Court · 1881
  3. Bloomingdale v. WeilWashington Supreme Court · 1902
  4. Manhattan Life Insurance v. HennessyCourt of Appeals for the Fifth Circuit · 1900

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