Porter v. Williams & Clark
New York Supreme Court
The action was brought by the plaintiff, as receiver to set aside an assignment executed by the defendant Williams to the defendant Clark. The assignment was made on the 5th of January 1850. It embraces all the property and effects of the assignor, except such articles as are by law exempt from levy and sale. It is made for the benefit of creditors, giving preferences.
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The action was brought by the plaintiff, as receiver to set aside an assignment executed by the defendant Williams to the defendant Clark. The assignment was made on the 5th of January 1850. It embraces all the property and effects of the assignor, except such articles as are by law exempt from levy and sale. It is made for the benefit of creditors, giving preferences. The assignee is authorized, by the terms of the assignment, to “ sell and dispose of the property assigned, either at public or private sale, to such person or persons, at such price or prices, and on such terms and.…
1Opinion of the Court
Harris, Justice.
A preliminary objection has been made to the right of the plaintiff to maintain this action. It is insisted *443that, even, though the assignment from Williams to Clark should be declared void, the plaintiff has acquired no right to the property, because no assignment has been made to him by the judgment debtor. But I do not understand that an assignment to the receiver is necessary to pass the title of the judgment debtor. Under the former practice the filing of a creditor’s bill, and the service óf process, created a lien upon, equitable assets, but not upon property liable to…
2Cases cited2 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Chautauque County Bank v. WhiteNew York Supreme Court · 1849
3Cited by6 opinions
- McConnell v. WolcottSupreme Court of Kansas · 1904
- Sutherland v. . BradnerNew York Court of Appeals · 1889
- Tomlinson & Webster Manuf'g Co. v. ShattoU.S. Circuit Court for the District of Minnesota · 1888
- McHarg v. DonellyNew York Supreme Court · 1858
- Porter v. WilliamsNew York Court of Appeals · 1853
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