Dimon v. . Hazard
New York Court of Appeals
The complaint in this action is by the plaintiff, as receiver, appointed in supplementary proceedings instituted against the defendant, William H. Hazard and one Horatio Eagle. It sets forth his appointment, the recovering of judgments by certain creditors against the firm of Eagle & Hazard, the issuing of executions thereon, and return thereof unsatisfied.
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The complaint in this action is by the plaintiff, as receiver, appointed in supplementary proceedings instituted against the defendant, William H. Hazard and one Horatio Eagle. It sets forth his appointment, the recovering of judgments by certain creditors against the firm of Eagle & Hazard, the issuing of executions thereon, and return thereof unsatisfied. That, on the 27th of January, 1860, the said William H. Hazard made and. executed an assignment to said Hazard, junior, which recited the copartnership between said Eagle & Hazard, and that, on or about the 23d day of November, 1859, the…
1Opinion of the CourtDavies, J.
Upon the facts found by the court, and those we have the right to assume it found, to sustain this judgment, the judgment appealed from must be affirmed. All questions of fraud, in fact, in relation to the assignment sought to be set aside, are found adversely to the plaintiff, and there is nothing on the face of the assignment which would lead to setting it aside as void in law.
e Uothing remains for consideration but the question whether the circumstance that the bulk of the property assigned had belonged to the partnership of Eagle & Hazard, although sold and transferred to Hazard…
2Cases cited4 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- Grant v. . MorseNew York Court of Appeals · 1860
- Allen v. Center Valley Co.Supreme Court of Connecticut · 1851
- Sage v. ChollarNew York Supreme Court · 1855
3Cited by29 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Crook v. . RindskopfNew York Court of Appeals · 1887
- Kelly v. . ScottNew York Court of Appeals · 1872
- Smith v. WalkerMichigan Supreme Court · 1885
- Barkley v. TappIndiana Supreme Court · 1882
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