Bouchaud v. Dias & Furman
New York Court of Appeals
Appeal from Chancery. Joseph L. Dias and Job Furman, filed their bill in Chancery before the Vice Chancellor of the First Circuit, in which the case was stated in substance as follows:—Castro and Henifiques, partners in trade in the city of Hew York, on the 13th day of May, 1823, made an assignment to Louis A. Brunei of a large amount of property in trust, firstly, to pay a debt which they owed Brunei; secondly, to pay two notes made by them and endorsed by him, and certain…
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Appeal from Chancery. Joseph L. Dias and Job Furman, filed their bill in Chancery before the Vice Chancellor of the First Circuit, in which the case was stated in substance as follows:—Castro and Henifiques, partners in trade in the city of Hew York, on the 13th day of May, 1823, made an assignment to Louis A. Brunei of a large amount of property in trust, firstly, to pay a debt which they owed Brunei; secondly, to pay two notes made by them and endorsed by him, and certain Custom House bonds given for duties upon goods imported by them, executed by Castro as principal and Brunei as surety ;…
1Opinion of the CourtBronson, J.
The Act of Congress, (1799, Chap. 128, § 65.) so far as it touches the present question, only gives a priority to the United States in cases of insolvency, where a “debtor, not having sufficient property to pay all his or her debts, shall have made a voluntary assignment thereof, for the benefit of his or her creditors.” This provision never has been, and 1 think never should be, carried beyond cases where the debtor has made an assignment for the benefit of his creditors in general. Here the assignment ^as made for the benefit of Brunei; and for no one else. No debts were to be paid, ex cept…
2Cited by6 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Mickelson v. BarnetMassachusetts Supreme Judicial Court · 1984
- Richmond v. Mississippi MillsSupreme Court of Arkansas · 1889
- United States v. SullivanDistrict Court, W.D. New York · 1937
- Nichols v. MeadNew York Supreme Court · 1870
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