Haas v. . O'Brien
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by plaintiff, as assignee in bankruptcy of one Flanigan, to set aside a general assignment for the benefit of creditors, made by him, within six months prior to the commencement of bankruptcy proceedings, to defendant, and to compel defendant to account for the property received by him under said assignment. The facts are sufficiently stated in the opinion. Plaintiff having failed to show an…
1Opinion of the CourtMiller, J.
The assignment made by Flanigan to the' defendant was in trust, to pay all the creditors of the assignor equally and alike and without any preference; and it was admitted upon the trial that Flanigan, being insolvent, made and executed the assignment in good faith, and to insure, under and by virtue thereof, the distribution of all his property among his creditors without preference. It was also proved that it was made without any intention to delay, hinder or defraud creditors, or to defeat the object of the bankrupt act. The provision with which it is claimed that the assignment was in…
2Cases cited7 opinions
- Tiffany v. LucasSupreme Court of the United States · 1873
- Thrasher v. . BentleyNew York Court of Appeals · 1874
- Kishi v. Greco (In Re Greco)United States Bankruptcy Court, D. Hawaii · 1979
- Hawkins's Appeal from ProbateSupreme Court of Connecticut · 1868
- Cook v. RogersMichigan Supreme Court · 1875
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3Cited by6 opinions
- In re GutwilligDistrict Court, S.D. New York · 1898
- Hewitt v. . NorthrupNew York Court of Appeals · 1878
- Bigler v. National BankNew York Supreme Court · 1882
- Boese v. LockeNew York Supreme Court · 1879
- In re StowellNew York Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.