Mills v. . Parkhurst
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 1!, 1890, which modified, and affirmed as modified, a judgment entered upon an order of Special Term, com firming in part the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 1!, 1890, which modified, and affirmed as modified, a judgment entered upon an order of Special Term, com firming in part the report of a referee. The appellants, being judgment creditors of Henry W. Perine, an insolvent debtor, brought an action to set aside an assignment made by him for the benefit of his creditors, as fraudulent, in which they were eventually defeated. Before the action was commenced they had made proof of .their claims before the assignee. The…
1Opinion of the CourtGray, J.
The first of the two questions, which were presented, relates to the right of the appellants to come in and share in the distribution of the assigned estate, and the argument against their right is that, in bringing and prosecuting the action to set aside the assignment as fraudulent, they had thereby •elected to repudiate the assignment. The doctrine of election, which has been thus far successfully invoked in support of the argument, does not seem to be applicable to such a case .and no authority is found warranting its application. The learned justices, who considered the question at the…
2Cases cited1 opinion
- Nichols v. . McEwenNew York Court of Appeals · 1858
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- Stowell v. Texas Employers' Ins. Ass'nCourt of Appeals of Texas · 1924
- Marcus v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1914
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