Produce Bank v. . Morton
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of 2sTew York dgmyiñg a motion for a new trial, made under section 268 of the Code. (Reported below, 8 J. & S., 328.) This action was brought to set aside an assignment made by the defendants Joseph Morton, Leon Weil and Alphonse Weil, composing the firm of Weil Brothers & Co., to defendant Austin Baldwin, for the benefit of creditors.
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Appeal from order of the General Term of the Superior Court of the city of 2sTew York dgmyiñg a motion for a new trial, made under section 268 of the Code. (Reported below, 8 J. & S., 328.) This action was brought to set aside an assignment made by the defendants Joseph Morton, Leon Weil and Alphonse Weil, composing the firm of Weil Brothers & Co., to defendant Austin Baldwin, for the benefit of creditors. The ground of the action was that the schedules made by the assignors were not properly verified. It appeared that in June, 1874, plaintiff commenced an action against said copartners upon…
1Opinion of the CourtBapallo, J.
We are of opinion that the plaintiff had, before the commencement of this action, exhausted its remedy at law against the judgment debtors so as to entitle it to proceed in equity to reach joint property. (Code § 294.) An execution had in fact been issued against the joint property of all the debtors, and returned unsatisfied. Under that execution such property might have been taken had any been found. Although the judgment upon which the execution was issued was not in form entered against all the joint debtors, yet it appeared on the face of the judgment roll that it was founded upon a…
2Cases cited4 opinions
- Juliand v. . RathboneNew York Court of Appeals · 1868
- Chichester v. CandeNew York Supreme Court · 1824
- Hogan v. . HoytNew York Court of Appeals · 1867
- Fawcett v. . VaryNew York Court of Appeals · 1875
3Cited by17 opinions
- Stimson v. . VromanNew York Court of Appeals · 1885
- Moulton v. . CornishNew York Court of Appeals · 1893
- Myers v. . BeckerNew York Court of Appeals · 1884
- Sternberger v. . BernheimerNew York Court of Appeals · 1890
- Beitz v. FullerNew York Supreme Court · 1895
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