Williams v. . Whedon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the January Term, 1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. It was incompetent and wholly irrelevant and immaterial to prove that the assignee’-' intention was innocent, honest and free from fraud.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the January Term, 1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. It was incompetent and wholly irrelevant and immaterial to prove that the assignee’-' intention was innocent, honest and free from fraud. (Griffen v. Marquet, 17 N. Y. 29, 34; Young v. Hermans, 66 id. 314, 382; Rathbone v. Platner, 18 Barb. 212; Wilson v.…
1Opinion of the Court
Ruger, Ch. J.
This action is in the nature of a creditor’s bill against George M. Whedon, survivor of the firm of Whedon & Benwiek, and J, Judson Cross, assignee, to set aside a general assignment made by the survivor, and to reach and subject the assets, in the hands of the assignee, to the payment' of the plaintiffs’ debt. The plaintiffs, as judgment creditors of the survivor, claim that such assets have been fraudulently transferred by him, and that they are, therefore, entitled by virtue of their judgment and an execution returned unsatisfied thereon, to have such assignment annulled, and…
2Cases cited7 opinions
- Egberts v. WoodNew York Court of Chancery · 1831
- Emerson v. SenterSupreme Court of the United States · 1886
- Hutchinson v. SmithNew York Court of Chancery · 1837
- Havens & Dorr v. HusseyNew York Court of Chancery · 1834
- Daby v. . EricssonNew York Court of Appeals · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Russell v. . McCallNew York Court of Appeals · 1894
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Stem v. . WarrenNew York Court of Appeals · 1920
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
66 more not listed; retrieve them via the Exa API.