Wheeler v. Childs
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry L. Wheeler, as surviving administrator of Gilderoy Lord, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of St. Lawrence on the 4th day of December, 1896 upon the report of a referee.
1Opinion of the Court
Landon, J.:
The plaintiff, a judgment creditor of the defendant Alanson A. Matteson, and also of said Matteson and the defendant Solomon J. Childs •—■ the latter judgment having been recovered upon the partnership debt of both defendants — seeks to set aside as fraudulent the general assignment of the two defendants made July 13, 1888, wherein they assigned to the defendant Knox all their “ copartnership and individual estate, real and personal,” in trust to pay the debts of the firm, and if after such payment there should be any surplus, to return the same to the assignors, without making any…
2Cases cited4 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Crook v. . RindskopfNew York Court of Appeals · 1887
- Sutherland v. . BradnerNew York Court of Appeals · 1889
- Chemung Canal Bank v. PayneAppellate Division of the Supreme Court of the State of New York · 1897