McConnell v. Sherwood
New York Supreme Court
Oisrthe28th day of November, 1878,Ward B. YanHousen, who was a merchant doing business at Howard, Steuben county, New York, made a general assignment of his property to Aaron McConnell, the plaintiff in this action. The assignment, after providing for payment of expenses of the trust and a pro rata distribution of the property to the creditors, has this provision: “ Third.
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Oisrthe28th day of November, 1878,Ward B. YanHousen, who was a merchant doing business at Howard, Steuben county, New York, made a general assignment of his property to Aaron McConnell, the plaintiff in this action. The assignment, after providing for payment of expenses of the trust and a pro rata distribution of the property to the creditors, has this provision: “ Third. That the party of the second part may have the right to compromise with the creditors of the party of the first, for all his debts and liabilities which the party of the first part may be owing or indebted to any person, if…
1Opinion of the CourtTalcott, P. J.
This is an action brought against the sheriff of Steuben county for the seizing and conversion of *459certain personal property, constituting a stock of goods with which one Ward B. Van Housen had been carrying on business, a merchant at Howard in said county.
On the twenty-seventh day of November, the said Van Housen, being pressed by his creditors, made and executed an assignment to the plaintiff, of all his goods and effects for the benefit of all his creditors fro rata, and the plaintiff accepted the said assignment and gave the necessary security under the statute, and assumed to go on and…
2Cases cited11 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Everett v. SaltusNew York Supreme Court · 1836
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
- Roth v. . WellsNew York Court of Appeals · 1864
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