Work v. Ellis
New York Supreme Court
THIS was an action to set aside an assignment of property in trust for the benefit of creditors.
1Opinion of the CourtClerke, J.
It would, undoubtedly, be very unsafe to determine the invalidity of an assignment in trust for the benefit of creditors, on the unsupported evidence of the *513assignor. Such evidence should only prevail when it is corroborated by the testimony of others, or by the facts and circumstances preceding and accompanying the execution "of the instrument.
Robert Ellis, the managing partner of the concern, positively swears that he executed this assignment, not for the purpose of having the assigned property distributed among his creditors according to the tenor and directions of the instrument, but with…
2Cited by3 opinions
- Straw-Ellsworth Manufacturing Co. v. CainWashington Supreme Court · 1898
- Waverly National Bank v. HalseyNew York Supreme Court · 1870
- McConnell v. SherwoodNew York Supreme Court · 1880