Wilson v. Ferguson & Lamont
New York Supreme Court
This is an action to set aside an assignment, executed by Ferguson to Lamont, in trust, for the benefit of creditors,' bearing date 29th October, 1851, at Harpersfield, in Delaware county, where Ferguson was engaged in business as a merchant, and where Lamont was employed as a clerk in the law office of S. A. Givens, Esq.
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This is an action to set aside an assignment, executed by Ferguson to Lamont, in trust, for the benefit of creditors,' bearing date 29th October, 1851, at Harpersfield, in Delaware county, where Ferguson was engaged in business as a merchant, and where Lamont was employed as a clerk in the law office of S. A. Givens, Esq. The plaintiffs are judgment creditors of Ferguson in the amount of $561.06, on a judgment recovered against him 18th Dec., 1851, for goods sold to him about the 8th May, 1851, at six months’ credit, and also on a judgment recovered against him 22d Nov., 1851, by John C.…
1Opinion of the Court
Clerke, Justice.
It is urged, on behalf of the plaintiffs, that the assignment is void on its face, because it authorizes the assignee to sell and dispose of the property assigned “ upon such terms and conditions as in his judgment may appear best and most for the interest of the parties concerned.” This is the only ground upon which it can be pretended, with the *177slightest degree of plausibility, that the instrument is void on its face.
Since the decision in the court of appeals in Baring agt. Griffin, (2 Com. 365,) it is undisputed that, where the assignee has the option, by the express…
2Cited by1 opinion
- In re RainsfordDistrict Court, N.D. New York · 1871