Legal Opinion

Spaulding v. Strang

New York Supreme Court

Decided July 31, 1860PublishedCited by 2 opinions

ACTION to set aside assignments made for the benefit of creditors.

1Opinion of the CourtSutherland, J.

I think the assignments made, or purporting to have been made, for the benefit of their creditors, by Bradner & Furman, on the 1st day of December, 1854, must be construed in connection with the previous agreement of the 16th November, between them and certain of their creditors, and that in deciding the question whether the assignments were and are fraudulent and void as to the plaintiff on their face, the agreement and the assignments must be looked upon as constituting one transaction or instrument. The assignment of the partnership property contains a recital in these words: “ Whereas the…

2Cases cited3 opinions

  1. Wakeman v. GroverNew York Court of Chancery · 1832
  2. Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
  3. Armstrong v. ByrneNew York Court of Chancery · 1831

3Cited by2 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of DibbleNew York Surrogate's Court · 1912
  2. Powers v. GraydonThe Superior Court of New York City · 1863

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