Read v. Worthington
The Superior Court of New York City
This action was a judgment creditors’ suit, brought by various judgment and attachment creditors of the firm of O. W. & T. J. Moore & Co., to set aside an assignment by them to the defendants, Worthington and Knapp.
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This action was a judgment creditors’ suit, brought by various judgment and attachment creditors of the firm of O. W. & T. J. Moore & Co., to set aside an assignment by them to the defendants, Worthington and Knapp. The plaintiffs were, Grandison F. Read, James Benkard and Benjamin H. Hutton; James H. Black and Alexander Guild; William W. Stone, George R. Bowman and Robert Bliss; Charles H. Wilmerding, John 0. Wilmerding, Thomas A. Wilmerding, George G. Wilmerding and William S. Mount; James Haslehurst, Bryan H. Smith and Joseph Haslehurst; and the defendants were, John R. Worthington, George…
1Opinion of the CourtRobertson, J.
The prominent objections against the assignment in this case is, that by a certain construction of its terms, it contains internal evidence of fraud. It. is claimed that the direction in it, to pay Certain persons named in a schedule annexed, the sums of money which rtiay bé or become due to them irom the assignors, will enable such persons to acquire claims belonging to others, and be paid the same in full; while the direction to pay the rest of the creditors, by confining the payment to such as may become due them, excludes the payment of what was due at the time of making the assignment.
The…
2Cases cited7 opinions
- Kuhlman v. OrserThe Superior Court of New York City · 1856
- Kellogg v. SlawsonNew York Supreme Court · 1852
- Kellogg v. BarberNew York Supreme Court · 1852
- Pine & Southwick v. RikertNew York Supreme Court · 1856
- Wright v. BoughtonNew York Supreme Court · 1856
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3Cited by4 opinions
- Clow v. BrownIndiana Court of Appeals · 1904
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- Deseret National Bank v. KidmanUtah Supreme Court · 1903
- Webber v. TruaxNew York Marine Court · 1880