Kelly v. Lane
New York Supreme Court
APPEAL from a judgment ordered at a special term, on a trial before the court without a jury. On the 4th of March, 1861, Lanes, Boyce & Co., a New York firm, being insolvent and largely indebted, among others, to August Belmont & Co., made a general assignment of all the property and effects of the firm to Leroy M. Wiley and Frederick N. Lawrence, for the benefit of their creditors.
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APPEAL from a judgment ordered at a special term, on a trial before the court without a jury. On the 4th of March, 1861, Lanes, Boyce & Co., a New York firm, being insolvent and largely indebted, among others, to August Belmont & Co., made a general assignment of all the property and effects of the firm to Leroy M. Wiley and Frederick N. Lawrence, for the benefit of their creditors. On the 17th of June, 1861, Belmont & Co. commenced an action in the supreme court, to recover their debt. Subsequently, and on or about the 24th of June, 1861, an attachment, directed to the sheriff of the city…
1Opinion of the CourtLeonard, J.
The only property of the debtors in the attachment suit, upon which service could be made by the sheriff, passed under an assignment from them to Wiley and Lawrence, made in trust for the benefit of creditors. This assignment was assumed by the learned justice before whom the action was tried, to be fraudulent, as a conclusion of law, as to creditors, and no facts were found by him upon the issues made by the pleadings in that respect, but the complaint was dismissed upon" the sole ground of the want of authority in the sheriff to maintain this action. It will be assumed, therefore, in…
2Cited by2 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Greenleaf v. MumfordNew York Supreme Court · 1868