Wright v. Seaman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles S. Seaman, from a judgment of" the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 12th day of April, 1897, upon the verdict of a jury, and also from an order made at the Broome Special Term, and entered in the office of the clerk of the county of Tompkins on the 4th "day of January, 1898, denying the defendant’s motion for a new trial made on a case and exceptions.
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Appeal by the defendant, Charles S. Seaman, from a judgment of" the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 12th day of April, 1897, upon the verdict of a jury, and also from an order made at the Broome Special Term, and entered in the office of the clerk of the county of Tompkins on the 4th "day of January, 1898, denying the defendant’s motion for a new trial made on a case and exceptions. For several years prior to 1896, one Clin H. Wright had been conducting a jewelry store in the city of Ithaca. During the winter of 1896…
1Opinion of the Court
Herrick, J.:
An assignment for the benefit of creditors must be interpreted like other instruments, according to the intent of the parties, and, if possible, such a construction, given it as will sustain rather than defeat it. (Roberts & Co. v. Buckley, 145 N. Y. 215.)
When, however, the distribution of the estate is to be made unequally among the creditors, and some are preferred to others in payment, the assignment is not viewed by the court with any favor, and is only tolerated and upheld when all conditions are met for the prevention of fraud. (Mills v. Parkhurst, 126 N. Y. 89.)
And when it…
2Cases cited5 opinions
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Mills v. . ParkhurstNew York Court of Appeals · 1891
- Forbes v. . WallerNew York Court of Appeals · 1862
- Ellis H. Roberts & Co. v. BuckleyNew York Court of Appeals · 1895
- McNaney v. HallNew York Supreme Court · 1895
3Cited by1 opinion
- Hickok v. CowperthwaitAppellate Division of the Supreme Court of the State of New York · 1909