Knower v. Central National Bank
New York Court of Appeals
Appeals from final judgments of tlie General Term of the Supreme Court in the first judicial department, entered upon orders made July 9, 1889, which affirmed interlocutory judgments entered upon orders of Special Term sustaining -demurrers to the complaints in the actions above entitled.
Read the full summary
Appeals from final judgments of tlie General Term of the Supreme Court in the first judicial department, entered upon orders made July 9, 1889, which affirmed interlocutory judgments entered upon orders of Special Term sustaining -demurrers to the complaints in the actions above entitled. The main and ultimate purpose of the actions was to require the defendant hank to refund a sum of money received by it from the assignee for the benefit of creditors of Halstead, Haines & Co. To support such relief in helialf of the plaintiffs in the first action, it was alleged in the complaint that in…
1Opinion of the CourtBradley, J.
This controversy presents the question whether or not a creditor of an assignor for the benefit of creditors can retain the money paid to him by the assignee pursuant to the direction in the assignment, as against another creditor, who by action subsequently brought succeeds in setting aside the assignment as fraudulent against the creditors of the assignor. It is urged on the part of the plaintiffs that 'the creditor, receiving payment of his debt from the assignee, takes it subject to the condition that the assignment remains effectual; and that when the assignment falls, the title of the…
2Cases cited10 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- Collumb v. . ReadNew York Court of Appeals · 1862
- Bostwick v. . MenckNew York Court of Appeals · 1869
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kitchen v. . LoweryNew York Court of Appeals · 1891
- Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
- Peyser v. . MyersNew York Court of Appeals · 1892
- Ellis H. Roberts & Co. v. VietorNew York Court of Appeals · 1892
- Petersdorf v. MalzSupreme Court of Minnesota · 1917
16 more not listed; retrieve them via the Exa API.