Klumpp v. . Gardner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2, 1888, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The general assignment was void because it was not executed by G. H. Gardner, or with his consent.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2, 1888, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The general assignment was void because it was not executed by G. H. Gardner, or with his consent. (Welles v. March, 30 N. Y. 344; Williams v. Whedon, 39 Hun, 98; Fisher v. Murray, 1 E. D. Smith, 341; Burrill on Assign. § 86; Hitchcock v. St. John, 1 Hoff. Ch. 511, 518;…
1Opinion of the CourtHaight, J.
The plaintiffs, as judgment creditors, brought this action to set aside a general assignment for the benefit of creditors, made by the defendants Gardner and Daggett to the defendant Heald, upon the ground that the same was void, and was made with intent to hinder, delay and defraud creditors. The defendants, Gardner and Daggett, were copartners doing business as shipping merchants in the city of Hew York, under the firm name of G. H. Gardner & Co. The assignment was made on the 9th day of October, 1885, and was executed by Daggett, who first signed the firm name “ G. H. Gardner & Co.; ”…
2Cases cited1 opinion
- Welles v. . MarchNew York Court of Appeals · 1864
3Cited by10 opinions
- Commissioner of Internal Revenue v. WhitneyCourt of Appeals for the Second Circuit · 1948
- Hooper v. . BaillieNew York Court of Appeals · 1890
- Matter of Verrazzano Towers, Inc.United States Bankruptcy Court, E.D. New York · 1981
- In re the General Assignment for the Benefit of Creditors of M. S. Ackerman, Inc.New York Supreme Court · 1959
- National Bank v. ScrivenNew York Supreme Court · 1892
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