Van Nest v. Yoe
New York Court of Chancery
The complainant obtained a judgment at law, against the defendants R. A. Yoe and J. R Bleecker, and issued an execution thereon, which was returned unsatisfied. He thereupon commenced this suit against the judgment debtors and Charles Yoe, their assignee, to set aside their assignment as fraudulent and void against creditors, and to compel payment of his debt.
Read the full summary
The complainant obtained a judgment at law, against the defendants R. A. Yoe and J. R Bleecker, and issued an execution thereon, which was returned unsatisfied. He thereupon commenced this suit against the judgment debtors and Charles Yoe, their assignee, to set aside their assignment as fraudulent and void against creditors, and to compel payment of his debt. The debtors, Yoe and Bleecker, were hardware merchants in the village of Syracuse, in the county of Onondaga; R. A. Yoe residing there, and J. R. Bleecker residing in the city of New-York. On the 25th of April, 1837, they made an…
1Opinion of the Court
The Assistant Vice-Chancellor.
The complainant alleges that the assignment in question is fraudulent and void upon its face, as being intended to hinder, delay, or defraud creditors ; and refers to several provisions of the instrument in support of this position.
One of those provisions is thus expressed:—“ Nothing however herein before contained shall be considered as restricting or preventing” the assignee “ from liquidating or compounding with any of the creditors” of the assignors “ by making over, assigning, or transferring, any of the choses in action, debts or accounts due to the”…
2Cases cited8 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Clay v. SmithSupreme Court of the United States · 1830
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ogden v. . PetersNew York Court of Appeals · 1860