Claflin v. Smith
New York Supreme Court
This was an appeal from a judgment of the special term of the supreme court (which followed the decision in Smith v. Tim, 14 Abb. N. C. 447), declaring the assignment from one Clinton H. Smith to John Gr. Smith void, by reason of an alleged defect in a notarial certificate of acknowledgment. The action was brought in behalf of judgment creditors to reach equitable assets.
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This was an appeal from a judgment of the special term of the supreme court (which followed the decision in Smith v. Tim, 14 Abb. N. C. 447), declaring the assignment from one Clinton H. Smith to John Gr. Smith void, by reason of an alleged defect in a notarial certificate of acknowledgment. The action was brought in behalf of judgment creditors to reach equitable assets. The assignor and assignee were the original parties defendant, but by amendment the preferred creditors were brought in as defendants, they alleging that the assignee was not defending in good faith. After judgment for…
1Opinion of the CourtDavis, P. J.
This action was brought by Horace B. Claflin and others, judgment creditors of the de*244fendant Clinton H. Smith, after the return of an execution unsatisfied, to set aside an assignment made by-said Smith for the benefit of his creditors to the defendant John Gr. Smith. The assignment preferred certain creditors, who were afterwards, on application to the court, permitted to come in as defendants to assert the validity of the assignment.
The original plaintiffs prosecuted the action for themselves and “ on behalf of all others who wish to join” therein. The several orders appealed from permitted…
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