Hone v. Henriquez
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. Henriquez filed a bill in chancery against Hone, in which the following facts were set forth: On the eighth day of May, 1832, John Moffat made a voluntary assignment of his property to E. Hall and C. Swan, in trust for the payment of such of his creditors as would, on receiving a rateable proportion of the proceeds of his property, execute to him a full release and discharge of their respective debts—annexing nconditiontheit unless all his creditors…
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Appeal from chancery. Henriquez filed a bill in chancery against Hone, in which the following facts were set forth: On the eighth day of May, 1832, John Moffat made a voluntary assignment of his property to E. Hall and C. Swan, in trust for the payment of such of his creditors as would, on receiving a rateable proportion of the proceeds of his property, execute to him a full release and discharge of their respective debts—annexing nconditiontheit unless all his creditors accepted the assignment within 60 days, he should have the right to prefer such creditors as he thought proper. On the…
1Opinion of the Court
The following opinion was delivered:
By the Chief Justice.
The question is whether the deed of assignment was void absolutely, or voidable only upon the institution of proper proceedings.
The vice-chancellor has argued the broad question whether an assignment like the present is void or voidable ; and comes to the conclusion that it is voidable only, and not void; and only to be avoided by proper proceedings, and a decree declaring it void. The chancellor confines himself, in his opinion, to the facts of the case, and says : “ The defendant, *243Hone, having assented to the assignment by executing…
2Cited by21 opinions
- Rapalee v. . StewartNew York Court of Appeals · 1863
- Knower v. Central National BankNew York Court of Appeals · 1891
- Tufts v. DuBignonSupreme Court of Georgia · 1878
- Moog v. TalcottSupreme Court of Alabama · 1882
- McConnell v. . SherwoodNew York Court of Appeals · 1881
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