Terry v. Butler
New York Supreme Court
THIS action was brought by the plaintiff, as receiver of Benjamin Butler, a judgment debtor, to set aside as fraudulent a general assignment of his property, made by him to Gallery & Bassett, in trust for the benefit of creditors.
Read the full summary
THIS action was brought by the plaintiff, as receiver of Benjamin Butler, a judgment debtor, to set aside as fraudulent a general assignment of his property, made by him to Gallery & Bassett, in trust for the benefit of creditors. The judgment upon which the plaintiff was appointed receiver was recovered by the Traders’ Bank of Rochester, upon a copartnership note made by the copartnership firm of Putnam & Butler, of which Benjamin Butler was a member. 'The case showed that, on. the ,26th of August, 1861, the defendant Butler, being insolvent, made an assignment of all his individual…
1Opinion of the Court
*397 By the Court,
James C. Smith, J.
The argument of the appellants’ counsel upon that branch of the case which relates to the validity of the assignment may be resolved into two propositions: first, that the conclusion of the referee that the assignment is fraudulent and void as against creditors, has nothing to support it except the fact found by him that the fictitious debt to Quinn was fraudulently provided for in the assignment; and secondly, that such finding of fact is against the evidence furnished by the assignment itself.
The first of these propositions overlooks the fact found by the…
2Cited by5 opinions
- Kavanagh v. BeckwithNew York Supreme Court · 1865
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- Ellis H. Roberts & Co. v. VietorNew York Court of Appeals · 1892
- Sweetser v. SmithNew York Supreme Court · 1889
- Denton v. MerrillNew York Supreme Court · 1887