Barney v. . Griffin
New York Court of Appeals
Appeal from the late court of chancery. Hiram Barney filed his bill in the first circuit against Francis Griffin, William C. Wetmore, Charles G. Havens and others, stating, among other things, that on the 5th of April, 1844, one Lewis recovered judgment in the supreme court against Hamilton H. Jackson and others, for the sum of $1013,90, on which execution was duly issued and returned unsatisfied in September of the same year; that on the 16th day of September, 1846, the…
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Appeal from the late court of chancery. Hiram Barney filed his bill in the first circuit against Francis Griffin, William C. Wetmore, Charles G. Havens and others, stating, among other things, that on the 5th of April, 1844, one Lewis recovered judgment in the supreme court against Hamilton H. Jackson and others, for the sum of $1013,90, on which execution was duly issued and returned unsatisfied in September of the same year; that on the 16th day of September, 1846, the complainant became the assignee and owner of the said judgment which remained unpaid at the filing of the bill; that on the…
1Opinion of the CourtBronson, J.
This was an assignment by an insolvent debtor, of all his property, in trust to pay certain specified creditors, and then, without making any provision for other creditors, in trust to reconvey the residue of the property to the debtor. We need go no further to see that this was a fraud upon the plaintiff, and the other creditors who were not provided for by the deed. The property was placed beyond the reach of their judgments and executions, in the hands of men who were not accountable to them, and upon a trust which was in part for the benefit of the debtor. The courts have very reluctantly…
2Cases cited2 opinions
- Meacham v. SternesNew York Court of Chancery · 1842
- Boardman v. HallidayNew York Court of Chancery · 1843
3Cited by25 opinions
- Knapp v. . McGowanNew York Court of Appeals · 1884
- Delaney v. . ValentineNew York Court of Appeals · 1898
- Kyle v. HarveysWest Virginia Supreme Court · 1885
- Muchmore v. BuddSupreme Court of New Jersey · 1891
- Leventhal v. SpillmanDistrict Court, E.D. New York · 1964
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