Brown v. Halsted
New York Supreme Court
Trial.by the court. Levi L. Brown, and others, brought this action as judgment creditors of the firm of Halsted, Haines & Co., against William M. Halsted and others, composing the firm, and their assignee for benefit of creditors, to set aside an assignment, made by tlie firm as copartners and individuals, as fraudulent against the firm’s creditors.
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Trial.by the court. Levi L. Brown, and others, brought this action as judgment creditors of the firm of Halsted, Haines & Co., against William M. Halsted and others, composing the firm, and their assignee for benefit of creditors, to set aside an assignment, made by tlie firm as copartners and individuals, as fraudulent against the firm’s creditors. The assignment contained a preference to “ the estate of William M. Halsted,” for $4,918, which was the balance standing to the credit of “ the estate of William M. Halsted,” on the books of the firm, at the time of the assignment. This estate was…
1Opinion of the CourtBeach, J.
—The bill prays a decree, setting aside the general assignment of certain of the defendants who constituted the firm of Hals ted, Haines & Co., as having been made with intent to hinder, delay and defraud creditors. The instrument included the individual assets of each partner. Various facts are claimed proven, and to warrant this conclusion, which will be separately considered.
There are numerous adjudications in cases of like character, but, beyond the statement of some familiar general principles, they are useless as precedents, because the facts in each case differ from those in all…
2Cases cited5 opinions
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Jessup v. . HulseNew York Court of Appeals · 1860
- Kavanagh v. BeckwithNew York Supreme Court · 1865
- Jacobs v. . RemsenNew York Court of Appeals · 1867
- In re the Assignment of FinckNew York Court of Common Pleas · 1881
3Cited by2 opinions
- Ellis H. Roberts & Co. v. VietorNew York Supreme Court · 1889
- Roberts v. VietorNew York Supreme Court · 1889