Legal Opinion

Carpenter v. . Underwood

New York Court of Appeals

Decided June 5, 1859PublishedCited by 9 opinions

1Opinion of the Court

Two objections are made to this assignment; the first of which is, that it excepts a claim held by the assignor against Heusted Creed, then in suit. The second, that it, in terms, prohibits a sale or disposition of the assigned property upon a credit.

The exception of the claim specified is in no respect a reservation for the ease, advantage or benefit of the assignor, and therefore forms no just ground of complaint by his creditors. The claim excepted remains as it was before, open to his creditors, who are not, by any obstacle attempted to be placed in their way by the assignment, in any…

2Cases cited2 opinions

  1. Dunham v. . WatermanNew York Court of Appeals · 1858
  2. Spencer and Pierce v. JacksonSupreme Court of Rhode Island · 1851

3Cited by9 opinions

  1. Townsend v. . StearnsNew York Court of Appeals · 1865
  2. Bates v. AblemanWisconsin Supreme Court · 1860
  3. Baker v. BaerSupreme Court of Arkansas · 1894
  4. McFarland v. BateSupreme Court of Kansas · 1890
  5. Grant v. . ChapmanNew York Court of Appeals · 1868

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