Benedict v. . Huntington
New York Court of Appeals
Appeal from a judgment entered at the General Term of the seventh district upon an order granting a new trial, on an appeal from judgment on the report of a referee. The action was brought by the plaintiffs to set aside a voluntary assignment made by one George Benham in trust for his creditors.
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Appeal from a judgment entered at the General Term of the seventh district upon an order granting a new trial, on an appeal from judgment on the report of a referee. The action was brought by the plaintiffs to set aside a voluntary assignment made by one George Benham in trust for his creditors. I. The referee was correct in holding the assignment fraudulent and Void upon its face as against creditors of the assignor, because: 1. The assignment provides that the assignee, “within such convenient time as to him may seem meet, by public or private sale, for the best price that can be procured,…
1Opinion of the CourtPotter, J.
On the trial before the referee, the question was raised by the plaintiffs that the assignment was void on its face on account of the following provisions contained in it: 1. Authorizing the assignee forthwith to take possession of all the assigned property, “and within such convenient time as to him ma/y seem meet, by public or private sale, for the best price that can be procured, shall convert all and singular the said premises, property and estate into money,” &c.; 2. A provision that the assignee might retain from the moneys to be realized “ a sufficient sum to pay off, satisfy and…
2Cases cited7 opinions
- Meacham v. SternesNew York Court of Chancery · 1842
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Jessup v. . HulseNew York Court of Appeals · 1860
- Woodburist v. MosherNew York Supreme Court · 1850
- Campbell v. . WoodworthNew York Court of Appeals · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mattison v. JuddMississippi Supreme Court · 1881
- Austin v. A. & W. Sprague Manufacturing Co.Supreme Court of Rhode Island · 1884
- Ginther v. RichmondNew York Supreme Court · 1879