Ralph v. Brickell
New York Supreme Court
Appeal from judgment entered in Oswego county, April 15, 1889, upon report of referee, setting aside as fraudulent and void a general assignment made by Brickell to Wilcox.
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Appeal from judgment entered in Oswego county, April 15, 1889, upon report of referee, setting aside as fraudulent and void a general assignment made by Brickell to Wilcox. On the 6th of March, 1884, the plaintiff duly recovered a judgment against the defendant Brickell for $656.41 damages and costs, for rent due upon a lease given by plaintiff to Brickell on July 16, 1881. On August 4, 1881, Brickell and one W. S. Gardner entered into an arrangement whereby it was agreed that they would conduct and carry on a grocery business as copartners in the store covered by the lease under the firm…
1Opinion of the CourtMerwin, J.
The referee, in his findings of fact, in effect negatives the existence of any cause for setting aside the assignment, except such as may be inferred as matter of law by reason of the preference of the firm creditor, so that, if the referee was not correct in his conclusion on this subject, the judgment cannot be supported. It would not be warranted by the facts found. Stoddard v. Whiting, 46 N. Y. 627. Upon such facts it would be erroneous. Collender v. Phelan, 79 N. Y. 366.
The question then is, can one partner, by a general assignment, devote his individual property to the payment of a.…
2Cases cited28 opinions
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Saunders v. . ReillyNew York Court of Appeals · 1887
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