McMahon v. Allen
New York Supreme Court
APPEAL by the defendant from a judgment entered on the report of a referee, upon exceptions taken on the trial and after the making of the report. The action was commenced by the plaintiff, Dennis McMahon, jun. as assignee, under an assignment executed by Charles T. Harrison, in trust for the benefit of creditors, and was brought for the purpose of setting aside a conveyance previously executed by Harrison to the defendant of certain real estate therein described.
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APPEAL by the defendant from a judgment entered on the report of a referee, upon exceptions taken on the trial and after the making of the report. The action was commenced by the plaintiff, Dennis McMahon, jun. as assignee, under an assignment executed by Charles T. Harrison, in trust for the benefit of creditors, and was brought for the purpose of setting aside a conveyance previously executed by Harrison to the defendant of certain real estate therein described. The referee found—1: That Charles T. Harrison, on the 22d day of March, 1852, was owner of a life estate in the lot and buildings…
1Opinion of the Court
By the Court, Sutherland, J.
If Charles T. Harrison could assign the alleged cause of action in this case to the plaintiff, so that the latter could bring this action in his own name, I am inclined to think it passed to the plaintiff by the assignment, although that instrument certainly does not in express terms assign, or purport to assign to the plaintiff, the assignor’s alleged right to have his previous, conveyance to the defendant, Thomas B. Allen, declared void and set aside on the ground of fraud. But assuming that Charles T. Harrison, at the time of his assignment to the plaintiff, had…
2Cases cited3 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Anderson v. RobertsNew York Supreme Court · 1820
- Humbert v. Rector of Trinity ChurchCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by3 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Ryan v. MillerSupreme Court of Missouri · 1911
- Jones v. BabcockMissouri Court of Appeals · 1884