Beste v. Burger
New York Court of Common Pleas
I. October, 1885. Trial by the court. This is an action in the nature of a creditor’s bill, brought by the plaintiffs, who are judgment creditors of the defendants Burger, Hurlbert and Healey, against the said defendants, Burger, Hurlbert and Healey, and Frank H. Platt, to set aside an assignment dated September 11, 1884. The defendants Burger, Hurlbert and Healey, and one John A. Livingston, were copartners carrying on business in the city of New York, under the firm name…
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I. October, 1885. Trial by the court. This is an action in the nature of a creditor’s bill, brought by the plaintiffs, who are judgment creditors of the defendants Burger, Hurlbert and Healey, against the said defendants, Burger, Hurlbert and Healey, and Frank H. Platt, to set aside an assignment dated September 11, 1884. The defendants Burger, Hurlbert and Healey, and one John A. Livingston, were copartners carrying on business in the city of New York, under the firm name of Burger, Hurlbert & Livingston. On September 1, 1884, Livingston died, leaving the said Burger, Hurlbert and Healey his…
1Opinion of the CourtAllen, J.
—It is claimed by the plaintiffs that the said assignment was made by the assignors with intent to hinder, delay and defraud their creditors, including the plaintiffs, and to prevent and delay the application of their property and effects, and the property and effects of the said firm, to the payment of the *165Indebtedness to the plaintiffs, and that said assignment was and is fraudulent, null and void ; and that the said assignment is also illegal, fraudulent an devoid for the reason that the said surviving partners had no lawful authority, power or right to make the said assignment. The…
2Cases cited90 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Hoyt v. SpragueSupreme Court of the United States · 1881
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
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3Cited by3 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Campbell v. CampbellNew York Court of Common Pleas · 1891
- Stewart v. RobinsonNew York Supreme Court · 1888