Collomb v. . Caldwell
New York Court of Appeals
Appeal from the Supreme Court. The plaintiffs having had an execution returned unsatisfied, upon a judgment recovered by them against one George Caldwell, brought their action in the nature of a creditor’s bill, for the purpose, among other things, of setting aside an assignment, executed by George Caldwell and his partner in mercantile business, of all their stock in trade and other personal property, and of certain real estate which was alleged to have belonged to them,…
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Appeal from the Supreme Court. The plaintiffs having had an execution returned unsatisfied, upon a judgment recovered by them against one George Caldwell, brought their action in the nature of a creditor’s bill, for the purpose, among other things, of setting aside an assignment, executed by George Caldwell and his partner in mercantile business, of all their stock in trade and other personal property, and of certain real estate which was alleged to have belonged to them, not as partners but as tenants in common. The assignment, after providing for the payment of all debts which the assignors…
1Opinion of the CourtComstock, J.
George Caldwell and J. W. Caldwell, oeing insolvent, both as a partnership and individually, assigned their partnership personal estate, together with certain real estate, which they owned as tenants in common, to the defendants Read and Mitchell, in trust to pay the debts of the firm in a certain order, and with a reservation to themselves of the surplus if there should be any. The plaintiffs, who were creditors of George Caldwell, having obtained subsequent judgments, insist that the assignment was fraudulent and void as to them, on account of that reservation.
In the case of Goodrich v.…
2Cases cited1 opinion
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
3Cited by13 opinions
- Crook v. . RindskopfNew York Court of Appeals · 1887
- Leventhal v. SpillmanDistrict Court, E.D. New York · 1964
- Truitt Bros. v. CaldwellSupreme Court of Minnesota · 1859
- Pursel v. ArmstrongMichigan Supreme Court · 1877
- Delaney v. ValentineNew York Supreme Court · 1894
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