Sweetser v. Smith
New York Supreme Court
Motion by plaintiff to continue an injunction pendente lite, and motion by defendant to change place of trial. Sweetser, Pembroke & Company, a co-partnership in the city of Eew York, brought this action as a general creditor of Smith Brothers, a co-partnership in the village of Saratoga Springs, U. Y., to have declared void certain judgments confessed and chattel mortgages made by Smith Brothers, at the time of making an assignment for creditors, on the ground that they were…
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Motion by plaintiff to continue an injunction pendente lite, and motion by defendant to change place of trial. Sweetser, Pembroke & Company, a co-partnership in the city of Eew York, brought this action as a general creditor of Smith Brothers, a co-partnership in the village of Saratoga Springs, U. Y., to have declared void certain judgments confessed and chattel mortgages made by Smith Brothers, at the time of making an assignment for creditors, on the ground that they were a part of the assignment and created preferences in excess of the statute ;* and joined as-defendants with Smith…
1Opinion of the CourtPatterson, J.
It has been held in this district, in several Special Term cases (Riessner v. Cohn, reported p. 312 of this-volume, Third National Bank v. Clark, p. 312, n. of this volume, and Spelman v. Soussman, reported p. 315 of this volume), that voluntary conveyances, made contemporaneously with the making of a general assignment, are to be regarded as part of the assignment, and if the preferences thus given are void, in whole or in part, the assignee may maintain an action to prevent the enforcement of such conveyances or 1 iens, and if he neglects to do so, a creditor, as a cestui que trust under…
2Cases cited79 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Morris v. . RexfordNew York Court of Appeals · 1859
- Preston v. SpauldingIllinois Supreme Court · 1887
- Wakeman v. GroverNew York Court of Chancery · 1832
- Coleman v. . BurrNew York Court of Appeals · 1883
74 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re McCabeNew York Surrogate's Court · 1891
- Fowler v. Bowery Savings BankNew York Court of Appeals · 1889