Legal Opinion

National Bank of Baltimore v. Sackett

New York Court of Common Pleas

Decided June 15, 1868Published

Appeal by the plaintiff from an order made at special term, dissolving a preliminary injunction granted heretofore in this action. The action was brought against the members of the.firm of Sackett, Belcher & Co., and their assignees, to set aside an assignment made for the benefit of creditors, as void, and a preliminary injunction was obtained, restraining the defendants from parting with the property of the firm.

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Appeal by the plaintiff from an order made at special term, dissolving a preliminary injunction granted heretofore in this action. The action was brought against the members of the.firm of Sackett, Belcher & Co., and their assignees, to set aside an assignment made for the benefit of creditors, as void, and a preliminary injunction was obtained, restraining the defendants from parting with the property of the firm. From the papers used on the motion for the continuance of the injunction, it appeared that previous to June 4, 1866, the firm of Sackett, Belcher & Co. included among its members…

1Opinion of the Court

By the Court.—Daly, F. J.

The point involved in this ease has been decided by the general term of the Supreme Court of this district in Palmer v. Myers (43 Barb. 509), and was, I think, decided correctly.

The decision of the Court of Appeals in reversing Robinson v. Gregory (29 Barb. 560), is not reported; but from what is said respecting that judgment by Justice Wright in Welles v. March (30 N. Y. 350), it was a very different case from Palmer v. Myers, or the one now before us. The partner who had not joined in the assignment in that case, had not absconded, but was simply absent when the…

2Cases cited2 opinions

  1. Palmer v. MyersNew York Supreme Court · 1865
  2. Robinson v. GregoryNew York Supreme Court · 1859

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