Ogden v. Prentice
New York Supreme Court
THIS action was commenced before a justice of the peace. The plaintiffs were the assignees of Mary Ogden, who had carried on the millinery business in the village of Binghamton.
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THIS action was commenced before a justice of the peace. The plaintiffs were the assignees of Mary Ogden, who had carried on the millinery business in the village of Binghamton. She made a general assignment to the plaintiffs, in trust for the benefit of her creditors, on the 15th day of June, 1859. And among the things assigned to the plaintiffs was an account the assignor had against the defendant for a winter bonnet, sold by her to the wife of the defendant on the 11th day of December, 1858, the price of which was $10.50 ; and a summer bonnet, or hat, which she sold to the wife of the…
1Opinion of the Court
By the Court,
Balcom, J.
The defendant was not a creditor of Miss Ogden at the time she made the assignment to the plaintiffs. The assignment was made the 15th day of June, 1859, and the defendant did not recover his judgment for costs, in the county court, against Miss Ogden, until the 13th day of September in that year. The judgment being for costs only it cannot be said that Miss Ogden was a debtor of the defendant before it was actually rendered. The de*163fenclant could not attack the assignment, in this action, on the ground that it was made by Miss Ogden with the intent to hinder, delay and…
2Cases cited1 opinion
- Arthur v. BrooksNew York Supreme Court · 1853
3Cited by7 opinions
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- Stevens v. WorksIndiana Supreme Court · 1882
- Cooper v. HaseltineIndiana Court of Appeals · 1912
- Paul v. CullumArizona Supreme Court · 1885
- Diossy v. HeubererNew York Marine Court · 1875
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