Hiles v. Dunn
New Jersey Court of Chancery
On demurrer to a bill. The bill sets out that the complainant, on the application of Charles Lawson, one of the partners in the firm of T. Dunn & Company, was appointed receiver of the said firm by this court; that the claims against the firm exceeded the assets, and that Mr. Lawson has no individual property.
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On demurrer to a bill. The bill sets out that the complainant, on the application of Charles Lawson, one of the partners in the firm of T. Dunn & Company, was appointed receiver of the said firm by this court; that the claims against the firm exceeded the assets, and that Mr. Lawson has no individual property. On February 12th, 1894, Thomas Dunn, who then owned real estate, conveyed the same through intermediaries to his wife for a pretended consideration, in fraud of the creditors of the firm of T. Dunn & Company.. The purpose of the suit is to annul the said deed. The grounds assigned in…
1Opinion of the Court
Reed, V. C.
The important question arises under the third point taken in the demurrer:
Has a receiver, appointed to take charge of the property of a partnership which is insolvent, a right to file a bill in respect of the property which belonged to a member of the firm and which has been assigned by him to defraud the creditors of the firm ?
The question is not whether such a receiver can file a bill to reclaim firm property which has been fraudulently assigned or conveyed by one of the members of the firm.
There is no doubt that an assignee for the benefit of creditors, or the receiver of an…
2Cases cited1 opinion
- Wallace v. MilliganIndiana Supreme Court · 1887
3Cited by2 opinions
- Bierma v. EllisSupreme Court of Iowa · 1931
- Tillinghast v. CoursonSupreme Court of Iowa · 1933