McColl v. Fraser
New York Supreme Court
Appeal from a judgment, entered upon the decision of the Monroe Special Term, dismissing the plaintiff’s complaint. The plaintiff being insolvent, on the 2Yth day of March, 1884, made a general assignment, for tbe benefit of all his creditors, to the defendant, who received the assigned property into his possession, and proceeded to administer the same according to the terms of the trust.
Read the full summary
Appeal from a judgment, entered upon the decision of the Monroe Special Term, dismissing the plaintiff’s complaint. The plaintiff being insolvent, on the 2Yth day of March, 1884, made a general assignment, for tbe benefit of all his creditors, to the defendant, who received the assigned property into his possession, and proceeded to administer the same according to the terms of the trust. The plaintiff, with Hugh D. McColl and five others, as the heirs-at-law of Mary Hall, deceased, were tenants in common of a farm consisting of about eighty-six acres, of which he, as attorney in fact for the…
1Opinion of the CourtBarker, J.
The object of the action was to charge the funds and property which passed into the hands of thfe assignee with an equitable lien, in favor of the parties for whom the plaintiff had collected moneys as their agent and misappropriated by using the same in his business; *113and requiring tbe assignee, out of tbe moneys realized by bim from tbe assigned property, to refund to tbe plaintiff a sum equal to tbe trust fund by bim misappropriated,- before any of tbe avails are distributed to tbe creditors of tbe assignor under and in pursuance of tbe terms of the assignment. At tbe time tbe assignment…
2Cases cited7 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Wetmore v. . PorterNew York Court of Appeals · 1883
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- Libby v. HopkinsSupreme Court of the United States · 1881
- Mellen v. . the Hamilton Fire Insurance CompanyNew York Court of Appeals · 1858
2 more not listed; retrieve them via the Exa API.