Martine v. Robinson
New York Supreme Court
Appeal from judgment on report of referee. Action by Homer J. Martine and Godfrey R. Martine against William H. Robinson and Lyman Jenkins as assignee for benefit of creditors of the New York & Oriental Tea Company, and of William H. Robinson individually, to set aside the assignment. The complaint was dismissed as to defendant Jenkins, and an injunction against defendants was dissolved, and plaintiffs appeal. Affirmed.
1Opinion of the CourtPutnam, J.
Plaintiffs, claiming to have been copartners with one William H. Robinson in a business carried on at Glens Falls, N. Y., under the firm name of the New York & Oriental Tea Company, brought this action to set aside a general assignment for the benefit of creditors executed by said Robinson in the name of said firm; mailing said Robinson and the assignee, Lyman Jenkins, parties defendant. The defendant Jenkins, who alone answered, denied that the plaintiff Homer J. Martine was a member of said firm, and alleged that the assignment was executed by Robinson with the consent of the other…
2Cases cited4 opinions
- Welles v. . MarchNew York Court of Appeals · 1864
- Klumpp v. . GardnerNew York Court of Appeals · 1889
- Hooper v. . BaillieNew York Court of Appeals · 1890
- Sherman v. JenkinsNew York Supreme Court · 1893