In re Backer
New York Court of Common Pleas
Petition of assignee for benefit of creditors for Ms discharge. Also, petition of a creditor for an accounting by such assignee. Abraham Backer, assignee of Ezekiel Waiztfelder and.
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Petition of assignee for benefit of creditors for Ms discharge. Also, petition of a creditor for an accounting by such assignee. Abraham Backer, assignee of Ezekiel Waiztfelder and. Michael Waitzf elder, composing the firm of E. & M. Waitzf elder, and also' assignee of E. Waitzf elder & Co., petitioned this court for leave to reconvey to his assignors, or to the survivors of them, the property conveyed to him by assignments for the benefit of creditors, and for his discharge as assignee, as well as for the discharge of his sureties, and the cancellation of the bond given by him as such…
1Opinion of the CourtYaw Hoesew, J.
These applications forcibly illustrate the inconvenience of permitting two conflicting systems of procedure to exist in one State at one and the same time. [The learned judge, after stating the facts, proceeded as follows:]
It cannot now be denied that the assignments were valid. The Waitzfelders, their assignee, and their creditors, may have chosen to regard them as null and void, but it is my duty to hold that, not having been impeached by any creditor for fraud nor set aside at the suit of the assignee, they were and are good and sufficient deeds which transferred to Backer all the property…
2Cited by2 opinions
- In re StowellNew York Supreme Court · 1882
- In re the Objections filed by Woodward & WorthingtonNew York Court of Common Pleas · 1884