Jackson v. Cornell
New York Court of Chancery
The bill in this cause was filed by a judgment creditor of William Cornell, whose execution had been returned unsatisfied, for the purpose of setting aside an assignment of all his property, real and personal, made by him to Benjamin and Elijah Farrington, on the 9th of September, 1841. Cornell and Benjamin Farrington were co-partners.
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The bill in this cause was filed by a judgment creditor of William Cornell, whose execution had been returned unsatisfied, for the purpose of setting aside an assignment of all his property, real and personal, made by him to Benjamin and Elijah Farrington, on the 9th of September, 1841. Cornell and Benjamin Farrington were co-partners. The assignment directed the payment, in the first instance, of a debt due to B. F., and of the deficiency, if any there should be, on a debt of the co-partnership to Moses Taylor, which was also secured by Cornell’s mortgage on his real estate. The assignment…
1Opinion of the Court
The Assistant Vice-Chancellor.
The mortgage exes .cuted to the defendant Taylor, in September, 1841, is assailed in the bill, on the ground that there was much less than $>10,000 due to Taylor when it was given, that it was intended to cover the property of Cornell, and to defraud the complain-: ant, and that the mortgage was usurious. All of these allegations are explicitly denied in the answer of Mr. Taylor, and there is no proof whatever to sustain either of them. As to him, therefore, the bill must be dismissed with costs.
•The assignment made by Cornell to the two Farringtons, is alleged…
2Cited by4 opinions
- Conroy v. WoodsCalifornia Supreme Court · 1859
- Greenwood v. BrodheadNew York Supreme Court · 1850
- Crooker v. CrookerSupreme Judicial Court of Maine · 1863
- Greenwood v. BrodheadNew York Supreme Court · 1850