Legal Opinion

Vredenbergh v. White

New York Supreme Court

Decided October 15, 1799PublishedCited by 2 opinions

A judgment was obtained by the plaintiff against the defendants, which was docketed, and the roll filed on the 22d March, 1799. The defendant White on the 12th of the same month had become insolvent, and on the 23d he assigned and conveyed all his estate, real and personal, to Waddingtón and others, in trust for the benefit of all his creditors.

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A judgment was obtained by the plaintiff against the defendants, which was docketed, and the roll filed on the 22d March, 1799. The defendant White on the 12th of the same month had become insolvent, and on the 23d he assigned and conveyed all his estate, real and personal, to Waddingtón and others, in trust for the benefit of all his creditors. The conveyance was stated in the case as intended to be bona fide, and was executed at the dwelling-house of White, and a silver cup was delivered by him to the trustees in the fiameof all the property. The trustees did not. remove any of the goods so…

1Opinion of the Court

Lansing, Ch. J.

delivered the opinion of the court. The possession of the goods did not continue in White for his own Use or benefit. They were left with him for the accommodation, of the trustees, who, as representing ■ all the creditors, could have no personal interest in'removing them. No false credit was created, and the sale which was within a reasonable time, does not appear to have been accelerated by the claim of the plaintiff. The possession- of White, was, therefore, not material, .and was consistent with the real intent of the assignment. It is admitted that there was no intention…

2Cases cited15 opinions

  1. Hamilton v. RussellSupreme Court of the United States · 1803
  2. Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
  3. Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
  4. Streeper v. EckartSupreme Court of Pennsylvania · 1837
  5. Jenkins v. EichelbergerSupreme Court of Pennsylvania · 1835

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3Cited by2 opinions

  1. Brooks v. MarburySupreme Court of the United States · 1826
  2. Brown v. MinturnU.S. Circuit Court for the District of Rhode Island · 1815

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