Norton v. Matthews
The Superior Court of the City of New York and Buffalo
Action by Benjamin A. Horton and others against James W. Matthews and others to set aside an assignment for benefit of creditors. Judgment for plaintiffs. ■
1Opinion of the CourtMcADAM, J.
The general assignment, after enumerating the trusts usually contained in such instruments, including a direction to pay “the just and reasonable expenses of executing the assignment,” contains this special provision: “Also, in trust, to pay Robert P. Lee, our attorney and counsel, the sum of one hundred and fifty dollars for counsel fee and services in preparing the assignment, and preparing bond, inventory, and schedules, and legal advice connected therewith.” The instrument is attacked on the ground that this particular trust vitiates the transfer. A provision “to pay all the just and…
2Cases cited7 opinions
- Brainerd v. . DunningNew York Court of Appeals · 1864
- Levy's AccountingNew York Court of Common Pleas · 1876
- In re the Assignment of JohnsonNew York Court of Common Pleas · 1883
- Jacobs v. . RemsenNew York Court of Appeals · 1867
- Butt v. PeckNew York Court of Common Pleas · 1860
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