Browning v. Hart
New York Supreme Court
In Equity. This was an appeal from a decree of Vice Chancellor Cushman, setting aside a general assignment made by the defendant Hart, to the defendant Livingston, in trust for the payment of the debts of Hart. The bill was a creditor’s bill against Hart as a judgment debtor; and Miller was made a party to the bill on the ground that he was a debtor of Hart, or had in his possession property, or choses in action, in which Hart had an interest.
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In Equity. This was an appeal from a decree of Vice Chancellor Cushman, setting aside a general assignment made by the defendant Hart, to the defendant Livingston, in trust for the payment of the debts of Hart. The bill was a creditor’s bill against Hart as a judgment debtor; and Miller was made a party to the bill on the ground that he was a debtor of Hart, or had in his possession property, or choses in action, in which Hart had an interest. The bill alleged that the assignment to Livingston was fraudulent, and that it was not accompanied by an immediate delivery and change of possession of…
1Opinion of the Court
By the Court, Paige, P. J.
Upon the facts disclosed in the answer I cannot see how the sale, by Hart, of his stock of goods in his store to Miller, can be upheld. Hart and Miller admit, in the answer, that on the 13th of October, 1840, the day of the sale, Hart was largely in debt, and embarrassed in his business and unable to pay his debts, and that for the purpose of avoiding a great sacrifice of his goods, and of applying the whole of the same in a just and equitable manner, he sold such goods to Miller for $1500, and received from him two notes for $400 each, payable in one and two years…
2Cases cited4 opinions
- Brownell v. CurtisNew York Court of Chancery · 1843
- Rumsey v. LeekNew York Supreme Court · 1830
- Reed v. EmeryNew York Court of Chancery · 1840
- Palmer v. Van DorenNew York Court of Chancery · 1834
3Cited by7 opinions
- Francisco v. AguirreCalifornia Supreme Court · 1892
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Wright v. LeeSouth Dakota Supreme Court · 1897
- Flower v. CornishSupreme Court of Minnesota · 1879
- Metcalf & Cushing v. Van BruntNew York Supreme Court · 1862
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