Bentley v. Whittemore
Supreme Court of New Jersey
On the 28th of May, 1857, the respondent, Whittemore, conveyed and assigned- to Messrs. Freeman and Kumbel all his property, real and personal, in trust for his creditors, subject to certain preferences among them. The deed of assignment, among the other property embraced in it, described particularly a lot of land in the city of Paterson, and conveyed the same in due form to the assignees in fee.
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On the 28th of May, 1857, the respondent, Whittemore, conveyed and assigned- to Messrs. Freeman and Kumbel all his property, real and personal, in trust for his creditors, subject to certain preferences among them. The deed of assignment, among the other property embraced in it, described particularly a lot of land in the city of Paterson, and conveyed the same in due form to the assignees in fee. After having been formally acknowledged, this deed was, on the 1st of June, 1857, recorded in the clerk’s office of the county of Passaic. At the date of the assignment, the parties, assignor and…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
The decree entered in the court below, can be sustained only on the ground that the assignment made by Whittemore, for the benefit of his creditors, to Freeman and Kumbel is void with respect to the property of the debtor, situate in this ' state. This assignment was executed in New York, and was valid by the laws of that state; but as it did not provide for an equitable distribution of the property among the creditors, but created preferences, it is insisted that it stands opposed, in this respect, to the statutory policy of our own…
2Cases cited1 opinion
- Vanbuskirk v. WarrenNew York Supreme Court · 1860
3Cited by3 opinions
- Segal v. Greater Valley Terminal Corp.New Jersey Superior Court Appellate Division · 1964
- IAC, LTD. v. Princeton Porsche-AudiNew Jersey Superior Court Appellate Division · 1977
- Gordon v. Spray Beach Hotel, Inc.New Jersey Court of Chancery · 1933