Legal Opinion

Pierce Steam-Heating Co. v. Ransom

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1897Published

Appeal from special term, New York county. Action by the Pierce Steam-Heating Company against William-H. Ransom and others to set aside as fraudulent a general assignment made by defendants William H. Ransom and Nannie C. Ransom, co-partners under the firm name and style of Ransom & Co.,., to defendant Louis M. Fulton. The complaint was dismissed, and plaintiff appeals. Affirmed.

1Opinion of the CourtO’Brien, J.

The plaintiff, as a judgment creditor, seeks to set-aside a general assignment made by the defendants Ransom, as co-partners, to Louis M. Fulton, as assignee. The claim that the assignment was fraudulent and void was based upon the following grounds: (1) That the assignment was signed four days before it was filed, and that after the signing, and before the filing thereof, the property covered by the assignment remained in the possession of Ransom & Co.; (2) because of a preference given to a creditor by a chattel mortgage recorded just before the assignment, and by the sale of a valuable…

2Cases cited7 opinions

  1. Smith v. CraftSupreme Court of the United States · 1887
  2. Central National Bank v. SeligmanNew York Court of Appeals · 1893
  3. Nat. Park Bk. of N.Y. v. . WhitmoreNew York Court of Appeals · 1887
  4. Abegg v. . BishopNew York Court of Appeals · 1894
  5. McIlhargy v. . ChambersNew York Court of Appeals · 1889

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