Allen v. Randolph
New York Court of Chancery
THE bill stated, among other things, that the plaintiff and D, K. Allen, were partners in trade, under the firm of FI. &p D. K. Allen, and became insolvent on the 16th of April, 1818. That D. K. A., being arrested and imprisoned, applied for his discharge under the 9th section of the insolvent act, and having assigned his estate to the plaintiff, Thorp, according to the act, was, on the 16 th of December, 1818, discharged from his debts.
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THE bill stated, among other things, that the plaintiff and D, K. Allen, were partners in trade, under the firm of FI. &p D. K. Allen, and became insolvent on the 16th of April, 1818. That D. K. A., being arrested and imprisoned, applied for his discharge under the 9th section of the insolvent act, and having assigned his estate to the plaintiff, Thorp, according to the act, was, on the 16 th of December, 1818, discharged from his debts. That before (heir failure, R. &f D. K. Allen, delivered to the defendants, Randolph Savage, various parcels of goods, at various times, to be shipped to…
1Opinion of the Court
The Chancellor.
The first objection to the plea is, that Skidmore,-the assignee of R. & D. K. Allen, had no, authority to compromise or compound with the defendants Randolph &r Savage, as to the demand assigned to him. I do not perceive the force of this objection. Skidmore was not a mere agent to collect the debt of the Allens. The *696bill states that they did, by an assignment delivered to Skid-more, “ assign and make over to him their debt or demand in the bill stated, against R. fy S., and the proceeds of the goods delivered.” This deed or writing passed their right and interest as creditors…
2Cited by10 opinions
- Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.Wisconsin Supreme Court · 1856
- Cheney v. PattonIllinois Supreme Court · 1890
- Gage v. SmithIllinois Supreme Court · 1892
- Piatt v. OliverU.S. Circuit Court for the District of Ohio · 1837
- Greene v. HarrisSupreme Court of Rhode Island · 1877
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