Darling v. Rogers & Sagory
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. On the 12th November, 1836, Thomas Darling made an assignment of all his real'and personal estate to Leonard Kip and Joseph F. Darling, and accompanied the assignment with five deeds of the same date, conveying specific parcels of real estate to his assignees, which deeds were executed by him and his wife.
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Appeal from chancery. On the 12th November, 1836, Thomas Darling made an assignment of all his real'and personal estate to Leonard Kip and Joseph F. Darling, and accompanied the assignment with five deeds of the same date, conveying specific parcels of real estate to his assignees, which deeds were executed by him and his wife. The property assigned and conveyed by a schedule accompanying the papers was valued at $94,724. In the assignment it was stated, that the object of the assignor in its execution was to make over and secure to his creditors, or to the assignees in trust for them, all…
1Opinion of the Court
After advisement, the following opinions were delivered:
By Justice Cowen.
I an} inclined to think that the only question necessarily involved in the order appealed from, relates to the validity of the assignment from Thomas Darling. This must be taken to have been executed with perfect integrity of purpose, for fraud is denied by the answers, and there is no proof to establish its existence; nor can it be inferred from the character of the deeds by which the assignment was effected. These were executed with the requisite solemnity, and were sufficient in form to transfer all Darling’s interest…
2Cases cited2 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by56 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Peters v. BainSupreme Court of the United States · 1890
- Savage v. . BurnhamNew York Court of Appeals · 1858
- In Re the Estate of FairCalifornia Supreme Court · 1901
- Hathaway v. . PayneNew York Court of Appeals · 1865
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