A. Person, Harriman & Co. v. Oberteuffer
New York Court of Common Pleas
Soleliac & Sons were large ribbon and silk manufacturers at Paterson, New Jersey. During the years 1875 to 1877, the plaintiffs advanced large.sums of money to them, and the latter in turn manufactured silk and consigned the same to plaintiffs for sale. On the 8th of September, 1877, Soleliac & Sons failed, and made a general assignment to the defendant, a member of the firm of Oberteuffer, Abegg & Co. The latter took possession of all the stock and machinery of the debtors.
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Soleliac & Sons were large ribbon and silk manufacturers at Paterson, New Jersey. During the years 1875 to 1877, the plaintiffs advanced large.sums of money to them, and the latter in turn manufactured silk and consigned the same to plaintiffs for sale. On the 8th of September, 1877, Soleliac & Sons failed, and made a general assignment to the defendant, a member of the firm of Oberteuffer, Abegg & Co. The latter took possession of all the stock and machinery of the debtors. Among these were nineteen pieces of silk finished, and about forty-five pieces unfinished. The plaintiffs claimed to…
1Opinion of the Court
Larremore, J. —
After a careful examination of the testimony and the elaborate briefs submitted by the respective counsel, my conviction still remains that the plaintiffs are not entitled to recover in this action.
They seek to establish an equitable lien upon property and trust funds held by the defendant as assignee of A. Soleliac & Sons, under a general assignment for the benefit of creditors made September 8, 1877.
The claim thus sought to be enforced rests upon an agreement made in the year 1875 between the plaintiffs and the firm of A. Soleliac & Sons, whereby the former agreed to fur*341nisli…
2Cases cited3 opinions
- Haggerty v. PalmerNew York Court of Chancery · 1822
- Gribson v. StoneNew York Supreme Court · 1865
- Arnold v. MorrisNew York Court of Common Pleas · 1878
3Cited by1 opinion
- Garrison v. . Vermont MillsSupreme Court of North Carolina · 1910