Boese v. Locke
New York Supreme Court
Appeal from a judgment, entered upon the trial of this action by tbe court without a jury, setting aside an assignment for the benefit of creditors, executed under and pursuant to the statute of New Jersey, by Wm. H. Locke to the other defendants, and 'directing them to pay the judgment in this action. 'There is nothing whatever in any of its provisions which can be fairly claimed to render the law a bankrupt or insolvent law.
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Appeal from a judgment, entered upon the trial of this action by tbe court without a jury, setting aside an assignment for the benefit of creditors, executed under and pursuant to the statute of New Jersey, by Wm. H. Locke to the other defendants, and 'directing them to pay the judgment in this action. 'There is nothing whatever in any of its provisions which can be fairly claimed to render the law a bankrupt or insolvent law. Reading the assignment, then, in connection with the statutory provisions to which it refers, we submit that it is, in effect, nothing more than a common law…
1Opinion of the Court
Brady, J.:
On the 23d September, 1875, the defendant Locko made and delivered to the other defendants an assignment of his property, in trust, to take possession of and collect, and to sell and dispose of the same, at public or private sale, in their discretion, and to distribute the proceeds to and among the creditors of the assignor in proportion to their several just demands, pursuant to the statute in such case made and provided. The defendant Locke was at the time of the assignment a resident of New Jersey, and the statute referred to in the clause quoted was one of that State passed…
2Cases cited5 opinions
- Hawkins's Appeal from ProbateSupreme Court of Connecticut · 1868
- Geery's Appeal from ProbateSupreme Court of Connecticut · 1876
- Maltbie v. HotchkissSupreme Court of Connecticut · 1871
- Shepardson's Appeal from ProbateSupreme Court of Connecticut · 1869
- Haas v. . O'BrienNew York Court of Appeals · 1876