Southard v. . Benner
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York. - This action was brought by plaintiff, as assignee in bankruptcy of William H. Decker, to recover the proceeds of the sale of a quantity of lumber, the property of the bankrupt, alleged to have been made by defendants, claiming to act under a chattel mortgage, executed to them by the bankrupt, upon his stock of lumber, which mortgage plaintiff alleged to be…
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York. - This action was brought by plaintiff, as assignee in bankruptcy of William H. Decker, to recover the proceeds of the sale of a quantity of lumber, the property of the bankrupt, alleged to have been made by defendants, claiming to act under a chattel mortgage, executed to them by the bankrupt, upon his stock of lumber, which mortgage plaintiff alleged to be fraudulent and void, in that, by the understanding of the parties, the mortgagor continued in the business of selling…
1Opinion of the CourtAllen, J.
A creditor at large cannot assail an assignment or other transfer of property by the debtor as fraudulent against creditors, but must first establish his debt by the judgment of a court of competent jurisdiction, and either acquire a lien upon the specific property or be in a situation to perfect a lien thereon, and subject it to the payment of his judgment upon the removal of the obstacle presented by the fraudulent assignment or transfer.
Every assignment or conveyance of property, with intent to hinder, delay, or defraud creditors, is void as against creditors, not only at common law but by…
2Cases cited4 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Russell v. . WinneNew York Court of Appeals · 1868
- Geery v. . GeeryNew York Court of Appeals · 1875
- Frost v. . WarrenNew York Court of Appeals · 1870
3Cited by123 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Zartman v. First National BankNew York Court of Appeals · 1907
- Brackett v. . HarveyNew York Court of Appeals · 1883
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