Rockwell v. Carpenter
New York Supreme Court
Appeal by Peters, as receiver, etc., the plaintiff in the second above entitled action, from an order made in said action at a Special Term directing that unless the plaintiff would consent to. accept a sum, fixed by the order, in full satisfaction of the judgment, which was for a larger sum, that then the judgment roll should be taken from the files and the decision be amended and modified, and that a new and reduced judgment should be entered up thereon.
1DissentBoardman, J.
Carpenter was the assignee of H. & H. under a general assignment for the payment of their debts. After he had taken possession of the assigned property, Rockwell and others brought the action first above entitled against him in replevin for certain prop*534erty. Carpenter retained the same by giving the requisite bond. Some months after, Peters, who had been appointed the receiver of the property of H. & EL, brought the action secondly above entitled against Carpenter and EL & H., to set aside the assignment as fraudulent. Both actions were tried before Mr. Justice Landon and both were decided…
2Cases cited4 opinions
- McCall v. . McCallNew York Court of Appeals · 1874
- Levy v. JoyceThe Superior Court of New York City · 1857
- Lawrence v. CornellNew York Court of Chancery · 1820
- Tombigbee Railroad v. KneelandSupreme Court of the United States · 1845