Brennan v. . Willson
New York Court of Appeals
Appeal from order of the Court of Common Pleas in and for the city and county of New York, reversing a judgment in favor of defendants, entered upon a decision of the court on trial, without a jury, and granting a new trial. This action was brought to recover back a payment of ten per cent, of the purchase-money paid by plaintiffs upon purchase by them at auction from defendants, as assignees for the benefit of creditors, of certain real estate in the city of New York.
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Appeal from order of the Court of Common Pleas in and for the city and county of New York, reversing a judgment in favor of defendants, entered upon a decision of the court on trial, without a jury, and granting a new trial. This action was brought to recover back a payment of ten per cent, of the purchase-money paid by plaintiffs upon purchase by them at auction from defendants, as assignees for the benefit of creditors, of certain real estate in the city of New York. The court found, in substance, the following facts: On the 2d day of July, 1875, Thomas Duke and John More made a general…
1Opinion of the CourtAllen, J.
By the assignment of the 2d of July, 1875, and the acceptance of the trust by the defendants and Trim ble the assignees named therein, the property real and personal of the assignors, vested in the assignees in trust for the creditors. The title did not remain in the assignors, nor was it in abeyance awaiting the giving.of security by the assignees as required by the statute, or the performance of any condition subsequent to the assignment. The creditors of the assignors acquired an interest in the assigned estate, and could enforce the execution of the trust. The statute (chap. 348 of the…
2Cases cited5 opinions
- Briggs v. . DavisNew York Court of Appeals · 1859
- Marvin v. . SmithNew York Court of Appeals · 1871
- Cruger v. HallidayNew York Court of Chancery · 1844
- Thrasher v. . BentleyNew York Court of Appeals · 1874
- Brinckerhoff v. WempleNew York Supreme Court · 1828
3Cited by46 opinions
- Greenough v. Tax Assessors of NewportSupreme Court of the United States · 1947
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
- In re the Judicial Settlement of the Accounts of EhlertAppellate Division of the Supreme Court of the State of New York · 1933
- City of New York and the Industrial Commissioner of the State of New York v. United StatesCourt of Appeals for the Second Circuit · 1960
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