Roe v. Hume
New York Supreme Court
Appeal from special term, Hew York county. Action by William B. Roe against Alexander W. Hume and Asa A. Spear to set aside an assignment for (lie benefit of creditors made by the defendant Hume individually, and as surviving member of the firm of A. W. & T. Hume. From a judgment for plaintiff, •defendants appeal.
1Opinion of the CourtO’Brien, J.
The general assignment for the benefit of creditors was made by Hume to Spear, and this action was brought to set it aside upon two grounds: (1) Fraud appearing on the face •of the assignment 'itself; and (2) fraud appearing outside of the assignment, as matter of fact. The assignment recited that it was made by Hume individually, and as surviving partner in the late firm of A. W. & T. Hume. It first provided for the payment of certain preferred partnership debts, and thereafter directed, by the fourth paragraph, payment pro rata of the individual debts of A. W. Hume out of the firm property,…
2Cases cited4 opinions
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Crook v. . RindskopfNew York Court of Appeals · 1887
- Haynes v. . BrooksNew York Court of Appeals · 1889
- People v. TownesNew York Court of Appeals · 1976