Jessup v. . Hulse
New York Court of Appeals
Appeal from the Supreme Court. Action to set aside a conveyance of certain real estate and to subject it to the payment of a judgment recovered by the plaintiff against the defendant Hulse. The title sought to he impeached rested upon the validity of an assignment made by Hulse to one Gott in trust for the benefit of creditors. Upon the trial thé court held that the assignment was fraudulent upon its face by reason of a provision contained therein.
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Appeal from the Supreme Court. Action to set aside a conveyance of certain real estate and to subject it to the payment of a judgment recovered by the plaintiff against the defendant Hulse. The title sought to he impeached rested upon the validity of an assignment made by Hulse to one Gott in trust for the benefit of creditors. Upon the trial thé court held that the assignment was fraudulent upon its face by reason of a provision contained therein. The plaintiff had a verdict and judgment, which having been affirmed at general term in the second district the defendant appealed to this court.…
1Opinion of the CourtSeldeh, J.
The question presented by this case is, whether a general assignment for the benefit of creditors, is void upon its face, because it contains the following clause, viz.: “ To sell, dispose of and convey the said real estate and personal property, at such time or times, and in such manner, as shall be most conducive to the interests of the creditors of the said party of the first part, and convert the same into money, as soon as may be consistent with the interests of said creditors.”
The principles governing this class of instruments have been so clearly and definitely settled by a series of…
2Cases cited3 opinions
- Woodburist v. MosherNew York Supreme Court · 1850
- D'Ivernois v. LeavittNew York Supreme Court · 1856
- Murphy v. BellNew York Supreme Court · 1853
3Cited by18 opinions
- Rapalee v. . StewartNew York Court of Appeals · 1863
- Auburn Exchange Bank v. FitchNew York Supreme Court · 1867
- In Re the Accounting of SheldonNew York Court of Appeals · 1903
- Townsend v. . StearnsNew York Court of Appeals · 1865
- Kyle v. HarveysWest Virginia Supreme Court · 1885
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