Boese v. . King
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. (Reported below, 17 Hun, 270.) This action was brought by plaintiff, as receiver of the property of defendant Locke, to set aside an assignment made ,by liim for the benefit of creditors.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. (Reported below, 17 Hun, 270.) This action was brought by plaintiff, as receiver of the property of defendant Locke, to set aside an assignment made ,by liim for the benefit of creditors. On April 16, 1846, an act of the Legislature of the State, of New Jersey was passed, entitled “An act to secure to creditors an equal and just division of the estates of debtors who convey to assignees for the…
1Opinion of the CourtRapallo, J.
There is much force in the argument that the fourteenth section of the statute of New Jersey is in the nature of a bankrupt law. It enables a debtor to coerce his creditors to discharge him from his debts on receiving a rateable dividend of his existing assets; the only alternative being to relinquish or abandon all claim upon those assets.
Assuming therefore that this provision is in the nature of a bankrupt law, and that • the exercise by Congress of the power to establish “uniform laws on the subject of bankruptcies throughout the United States,” ipso facto suspended the operation of the…
2Cases cited2 opinions
- Mayer v. HellmanSupreme Court of the United States · 1876
- Thrasher v. . BentleyNew York Court of Appeals · 1874
3Cited by6 opinions
- Barth v. . BackusNew York Court of Appeals · 1893
- Rogers v. . PellNew York Court of Appeals · 1898
- Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
- Ketcham v. McNamaraSupreme Court of Connecticut · 1900
- Howard National Bank v. KingNew York Supreme Court · 1881
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