Friend v. Michaelis
City of New York Municipal Court
Appeal' from an order denying a motion to vacate an attachment. The action was brought by Edward Friend and another, to recover a firm debt of the defendants, Samuel Michaelis and another. The material facts appear in the opinion.
1Opinion of the CourtHawes, J.
This case comes up on appeal from an order denying a motion to vacate an attachment. The motion was made upon the original papers, and thus all the facts are conceded.
It appears that on October 14,1884, the defendants, who were copartners in business, made a general assignment for the benefit of creditors, and. that in and by said assignment they conveyed their firm property, for the payment of their firm and individual debts, without providing that the firm debts should be first paid, and conveyed individual property for the payment of firm and individual debts, without providing that…
2Cases cited23 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Forbes v. . WallerNew York Court of Appeals · 1862
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3Cited by3 opinions
- Sweetser v. SmithNew York Supreme Court · 1889
- In re the Assignment of Hallock, New York County Courts1905
- Jaeger v. ArnsteinNew York Court of Common Pleas · 1886