Bishop v. Halsey
The Superior Court of New York City
Motions, in two actions, for an injunction and the appointment of a receiver. The first of these actions was brought by one Bishop alone, against R. Halsey, U. H. and C. Belden, and W. H. and J. W. Harbeck. The second action was by Bishop and Stewart, against the defendants above named and Charles B. Huntington. The suit by Bishop as sole plaintiff, was brought to set aside an assignment made by Charles B. Huntington on October 10, 1856, to R. Halsey, of all his property.
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Motions, in two actions, for an injunction and the appointment of a receiver. The first of these actions was brought by one Bishop alone, against R. Halsey, U. H. and C. Belden, and W. H. and J. W. Harbeck. The second action was by Bishop and Stewart, against the defendants above named and Charles B. Huntington. The suit by Bishop as sole plaintiff, was brought to set aside an assignment made by Charles B. Huntington on October 10, 1856, to R. Halsey, of all his property. The assignment merely provided for paying the debts of the assignor to the Beldens and Harbecks, and his liabilities to…
1Opinion of the CourtBosworth, J.
What is the nature and legal effect of the instrument or assignment of October 10,1856 ? It, in terms, “ assigns, conveys, transfers and sets over to Halsey, his heirs,' executors, administrators and assigns,” all and singular the real and personal estate of which Huntington may be seized, possessed of, or entitled unto, either at law or in equity, in possession, reversion or remainder. It is, therefore, an absolute grant or conveyance of all the property of the assignor.
The assignment does not, by its terms, declare that it is made in trust. Its language is, that the assignee, Halsey, is to…
2Cases cited2 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by3 opinions
- Beste v. BurgerNew York Court of Common Pleas · 1885
- Wooldridge v. IrvingUnited States Circuit Court · 1884
- McCrea v. CookNew York Marine Court · 1879