Dutchess County Mutual Insurance v. Van Wagonen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made the second Monday of September, 1890, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Circuit without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made the second Monday of September, 1890, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Circuit without a jury. This action was brought to set aside as fraudulent and void .an assignment for the benefit of creditors, executed by Frederick S. Yan Wagonen to one Jacob D. Yan Wagonen, and for an accounting and the appointing of a receiver: The facts, so far as material, are stated in the opinion. The provisions of the statute…
1Opinion of the CourtHaight, J.
On the fifth day of October, 1888, the defendant Frederick S. Van Wagonen executed and delivered to the defendant Jacob D. Van Wagonen, a general assignment for the benefit of creditors. The assignment states the residence of the assignor and assignee to be the town of Marbletown, in the county of Ulster, state of Hew York, but contains no statement of the kind or place of business of the assignor, and for this reason, it is claimed to be void.
Section 2, chapter 466 of the Laws of 1877, as amended by chapter 294 of the Laws of 1888, provides as follows:
“ Every conveyance or assignment made by…
2Cases cited4 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Almy v. HarrisNew York Supreme Court · 1809
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Champlin v. LaytinNew York Supreme Court · 1837
3Cited by10 opinions
- Leeds v. HarrisonSupreme Court of New Jersey · 1952
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Central National Bank v. SeligmanNew York Court of Appeals · 1893
- Stone v. PrattNew York Supreme Court · 1895
- People Ex Rel. Huff v. GravesNew York Court of Appeals · 1938
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