In re the General Assignment of Davis
New York Supreme Court
Motion on behalf of Edward A. Howell to modify and confirm, and on behalf of Owen D. Perry to set aside, the report of a referee, appointed by the county court of Oneida county to take and state the account of said Perry, as assignee, under a general assignment for the benefit of creditors. As both the county judge and special county judge of said county are incapable of acting in this proceeding, it has been removed into the supreme court.
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Motion on behalf of Edward A. Howell to modify and confirm, and on behalf of Owen D. Perry to set aside, the report of a referee, appointed by the county court of Oneida county to take and state the account of said Perry, as assignee, under a general assignment for the benefit of creditors. As both the county judge and special county judge of said county are incapable of acting in this proceeding, it has been removed into the supreme court. In July, 1875, David T. Davis, John I. Jones, Alpheus 0. Beckwith and Daniel W. Ehresman formed a copartnership under the firm name of Davis, Jones,…
1Opinion of the CourtVann, J.
— The object of the assignors in making the general assignment, and of the assignee in accepting it, was to hinder, delay and defraud creditors. The contestant not only knew this at the time, but actively helped the fraudulent scheme along. Creditors, however, have the right to waive the fraud, accept the assignment and come in under it. (Papal/) e agt. Stewart, 27 JV. Y., 310; Mills agt. Argali, 6 Paige, 577). They all seem to have done so in this ease and hence it is the duty of the court to enforce the trust upon the application of any one having a valid debt against the assignors. ISTo…
2Cases cited8 opinions
- Turner v. . JaycoxNew York Court of Appeals · 1869
- In Re the Assignment of LewisNew York Court of Appeals · 1880
- Berkshire Woolen Company v. . JuillardNew York Court of Appeals · 1879
- Chapin v. . ThompsonNew York Court of Appeals · 1882
- Collomb v. . CaldwellNew York Court of Appeals · 1857
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