Planck v. Schermerhorn
New York Court of Chancery
This was an application, on the part of the complainant in a creditor’s suit, for a receiver of the property of the defendant Isaac M. Schermerhorn, the judgment'debtor of the complainant ; and also to extend the receivership to certain property assigned by the judgment debtor to the defendant Jacob M. Schermerhorn.
1Opinion of the Court
The Chancellor.
The complainant is entitled to a receivership as to the judgment debtor, as a matter of course: and it is granted accordingly.
From the affidavits it appears that at the time of the assignment of 1842, the assignor had property sufficient to pay all his debts; exclusive of the property assigned for the benefit of his wife. And though the money he had received on account of *645the estate of his wife’s father belonged to him, so far that he could not legally give it to her, or to a trustee for her use, at the expense of his creditors, still he had a right to dispose of it in trust…
2Cited by9 opinions
- Wilson v. ForsythNew York Supreme Court · 1857
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Levy's AccountingNew York Court of Common Pleas · 1876
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Pursel v. ArmstrongMichigan Supreme Court · 1877
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