Cohn v. Duntley

This is a suit in equity to reform a written instrument.

Plaintiffs allege that they made an assignment of all their non-exempt property for the benefit of their creditors and that their creditors, including defendant herein, expressly agreed that, in consideration of said assignment, the creditors, including defendants herein, would release plaintiffs of any balance that might be due on any claim of any creditor over and above the pro rata amount derived from the assets so assigned; that the scrivener, who prepared the written assignment, by mistake overlooked placing in said assignment a…