Booss v. . Marion
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs as judgment creditors of the firm of Marion & Co., to set aside, as fraudulent and void, an assignment for the benefit of creditors, executed by the defendants, Margaret A. and .James Marion, who composed said firm, to the defendant John F. Kinney. The assignment, by its terms, grants and…
1Opinion of the CourtPeckham, J.
We think this judgment should be affirmed, for the reasons stated in the opinion given at the General Term. We will add but a few words, which are suggested by the argument of the counsel for the appellant before us. The-construction which the Supreme Court gave to the language used in the assignment is, we think, the only one permissible.
The effect of the assignment is in one contingency to devote part of the partnership property to the payment of individual debts before payment in full of partnership debts, and there is an express finding that there were such individual debts of one of the…
2Cases cited3 opinions
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Crook v. . RindskopfNew York Court of Appeals · 1887
- Hurlbert v. DeanNew York Court of Appeals · 1865
3Cited by1 opinion
- Wilson v. . MarionNew York Court of Appeals · 1895