Morrison v. Atwell
The Superior Court of New York City
Appeal from a judgment entered after a trial of the cause at a Special Term, before Mr. Justice Moncbief, without a Jury, on the 21st of November, 1861. The action was brought by the plaintiffs against the defendants, Peleg G. Berry and Homer L. Smith, who were judgment debtors of the plaintiff, and Amos M. Atwell and Vincent Kenyon, to whom Berry and Smith had made a general assignment for benefit of creditors.
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Appeal from a judgment entered after a trial of the cause at a Special Term, before Mr. Justice Moncbief, without a Jury, on the 21st of November, 1861. The action was brought by the plaintiffs against the defendants, Peleg G. Berry and Homer L. Smith, who were judgment debtors of the plaintiff, and Amos M. Atwell and Vincent Kenyon, to whom Berry and Smith had made a general assignment for benefit of creditors. The object of the action was to set aside the assignment and have a receiver appointed and directed to pay the plaintiffs’ judgment. The assignment was, by its terms, expressed to be…
1Opinion of the Court
By the Court—White, J.
An assignment was made by the defendants, Berry & Smith, copartners, of all their property, to pay, first, the partnership debts with certain preferences, and then to pay the individual creditors of *508both partners in full, or pro rata, if the surplus-was insufficient to pay in full.
The plaintiffs are copartnership creditors, and bring this action to set aside the assignment, on the ground that it hindered and delayed creditors, and was therefore void. They pray, also, for payment of their own debt, &c. On the trial they waived all allegations of fraud except two, viz:
First…
2Cited by6 opinions
- Powers v. GraydonThe Superior Court of New York City · 1863
- Scott v. GuthrieThe Superior Court of New York City · 1863
- Wooldridge v. IrvingUnited States Circuit Court · 1884
- Crook v. RindskopfNew York Supreme Court · 1885
- In re the General Assignment of DavisNew York Supreme Court · 1884
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