Fairchild v. Gwynne
New York Supreme Court
Appeal from a judgment. ,, This action was brought by Frederick Fairchild, as receiver of Thomas Gwynne, a judgment-debtor, appointed in proceedings supplementary to execution, to set aside as fraudulent a general assignment made by the judgment-debtor. The defendants were John A. and Thomas Gwynne.
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Appeal from a judgment. ,, This action was brought by Frederick Fairchild, as receiver of Thomas Gwynne, a judgment-debtor, appointed in proceedings supplementary to execution, to set aside as fraudulent a general assignment made by the judgment-debtor. The defendants were John A. and Thomas Gwynne. The complaint set out the assignment, dated May 1, 1860, and alleged that it was made with intent to hinder, defraud, and delay creditors ; that the assignor continued in possession of assigned property, that the assignment was not acknowledged before delivery, nor recorded, nor was any bond or…
1Opinion of the CourtMullen, J.
Before the passage of the act of 13th April,. 1860, entitled “ an act to secure to creditors a just division of the estates of debtors who convey to assignees for the benefit of creditors,” an assignment by a debtor of his property to an assignee in trust for creditors, might, under certain circumstances, have been made without writing, or, if in writing, need not have been acknowledged before any officer before delivery to the assignee, in order to be valid and effectual, to accomplish the purpose intended. These acts are for the first time required by the act above referred to, and the only…
2Cited by3 opinions
- Taggart v. SissonNew York Supreme Court · 1890
- Bloomingdale v. SeligmanNew York Court of Common Pleas · 1888
- Horn v. KlugmanCity of New York Municipal Court · 1920