Claflin v. Smith
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon a trial at the Special Term, and from two intermediate orders admitting several parties as plaintiffs in the action, to whom final judgments were awarded.
1Opinion of the Court
Davis, P. J.:
This action was brought by Horace B. Clafiin and others, judgment creditors of the defendant Clinton H. Smith, after the return of an execution unsatisfied, to set aside an assignment made by said Smith for the benefit of his creditors to the defendant John G. Smith. The assignment preferred certain creditors who were after-wards on application to the court permitted to come in as defendants to assert the validity of the assignment. The original plaintiffs prosecuted the action for themselves, and “ on behalf of all others who wish to join ” therein. The several orders appealed…
2Cases cited11 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- Kelly v. CalhounSupreme Court of the United States · 1878
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Wells v. AtkinsonSupreme Court of Minnesota · 1877
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