Smith v. Munroe
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment on an order sustaining a demurrer to the complaint.
1Opinion of the CourtPatterson, J.
—The general assignment of Wickham & Co. to Newitter was valid as between the assignor and assignee. Before it was attacked by creditors the preferred -indebtedness of Munroe & Co. was paid. It was an honest debt, actually due, and, as said before, the trust to pay which was fully performed before the assignment was challenged. Ordinarily, that would suffice to protect creditors situated as Munroe & Go. were. Knower v. Central Nat. Bank, 124 N. Y. 560 ; 37 St. Rep. 89. But it is claimed by the plaintiffs that circumstances intervene to render the doctrine of the case cited inapplicable here.…
2Cases cited7 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Knower v. Central National BankNew York Court of Appeals · 1891
- Nat. Park Bk. of N.Y. v. . WhitmoreNew York Court of Appeals · 1887
- Smith v. CraftU.S. Circuit Court for the District of Indiana · 1882
- Anderson v. LachsMississippi Supreme Court · 1881
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