Knauth v. Bassett
New York Supreme Court
THIS actien was.brought by the plaintiffs, as judgment creditors of Bassett & Aborn, formerly copartners in business, to set aside an assignment executed and delivered by them to 'the defendant Thomae, on the 15th day of August, 1854. The complaint alleged the indebtedness of Bassett & Aborn to the plaintiffs, and their recovery of judgment thereon, on the 2d of January, 1858, for $3326.13; that executions were duly issued on such judgments, andhave.been severally duly…
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THIS actien was.brought by the plaintiffs, as judgment creditors of Bassett & Aborn, formerly copartners in business, to set aside an assignment executed and delivered by them to 'the defendant Thomae, on the 15th day of August, 1854. The complaint alleged the indebtedness of Bassett & Aborn to the plaintiffs, and their recovery of judgment thereon, on the 2d of January, 1858, for $3326.13; that executions were duly issued on such judgments, andhave.been severally duly returned unsatisfied; that on the 15th day of August, 1854, Bassett & Aborn, being then insolvent and unable to pay the debts…
1Opinion of the Court
By the Court, Sutherland, J.
It is hardly worth while to discuss the question, whether the decision of the court of appeals in Wilson v. Robertson, (21 .N. Y. Rep. 587,) was the enunciation of a new principle. That court has decided, in that case, that the appropriation by an insolvent firm of partnership property to the payment of the individual debts of one of the partners, was not simply void, but was fraudulent as to the partnership creditors, under the statute, as hindering and delaying them in the collection of their debts ¡ and is controlling in this case, as to that question of law.
The…
2Cases cited5 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Campbell v. . HallNew York Court of Appeals · 1858
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
- Cassidy v. MeachamNew York Court of Chancery · 1831
- Vail v. VailNew York Supreme Court · 1849
3Cited by7 opinions
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Corbitt v. CutcheonMichigan Supreme Court · 1889
- White v. EvansNew York Supreme Court · 1866
- Lawrence v. Bank of the RepublicThe Superior Court of New York City · 1865
- Wooldridge v. IrvingUnited States Circuit Court · 1884
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