Britton v. Lorenz
New York Court of Common Pleas
Appeal from a judgment of this court, entered upon a decision of Judge Brady, without a jury. This action was brought by the plaintiff, as general assignee of George Scheuch, an insolvent under the act of 1860, to recover certain property, which had been conveyed to the defendants by a bill of sale. On the 3d of April, 1865, George Scheuch, a merchant, doing business at No. 1 Park place, was indebted to various persons for borrowed money and goods sold.
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Appeal from a judgment of this court, entered upon a decision of Judge Brady, without a jury. This action was brought by the plaintiff, as general assignee of George Scheuch, an insolvent under the act of 1860, to recover certain property, which had been conveyed to the defendants by a bill of sale. On the 3d of April, 1865, George Scheuch, a merchant, doing business at No. 1 Park place, was indebted to various persons for borrowed money and goods sold. The- defendants, partners under the name of Lorenz, Crofts & Co., were his largest creditors. • About the 2d of April, Scheuch found himself…
1Opinion of the Court
Daly, F. J.
The right of-a general assignee to bring such an action as this is expressly given by statute (Laws of New York, 1858, p. 506).
In such an action it is competent for the plaintiff to show that a bill of sale transferring the whole of the debtor’s property, though absolute upon its face, was, in reality, intended to operate as a general assignment for the benefit of creditors with preferences, which, under our statute, cannot be done except in the mode which the statute has provided (Laws of New York, 1860, p. 594; Fairchild v. Gwynne, 16 Abb. 23; Cook v. Kelly, *2712 Id. 35; 1…
2Cases cited1 opinion
- Hardmann v. . BowenNew York Court of Appeals · 1868
3Cited by4 opinions
- Hine v. . BoweNew York Court of Appeals · 1889
- Mulford v. MullerNew York Court of Appeals · 1863
- Sweetser v. SmithNew York Supreme Court · 1889
- Hine v. BoweNew York Supreme Court · 1887