South Danvers National Bank v. Stevens
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Daniel L. Stevens and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of tlie county of New York on tlie 16th day of January, 1895, upon the decision of tlie court, rendered after a trial at the New York Special Term, setting aside as fraudulent a general assignment for the benefit of creditors.
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Appeal by the defendants, Daniel L. Stevens and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of tlie county of New York on tlie 16th day of January, 1895, upon the decision of tlie court, rendered after a trial at the New York Special Term, setting aside as fraudulent a general assignment for the benefit of creditors. The firm of Stevens, Corwin & Co. ivas a limited partnership, composed of the defendants, Stevens, Corwin and Coffey as general partners, and one Davis as special partner. Stevens, Corwin & Co. ceased doing business…
1Opinion of the Court
O’Brien, J.:
There is much force in the claim that the general assignment was-void because it was not accompanied by an immediate delivery and followed by an actual and continued change of possession of the property assigned (2 R. S. 136, § 5 ; 3 id. [7th ed.] 2328, § 5), it appearing that between the date when the assignment was executed and the date of its record the property of the debtors was in the possession of the committee of creditors -under the agreement;, or, as stated by the terms of the agreement, was being “ collected and converted into cash * * * under the direction of said…
2Cases cited2 opinions
- McIlhargy v. . ChambersNew York Court of Appeals · 1889
- Kingston v. KochNew York Supreme Court · 1890
3Cited by4 opinions
- In re Julius Bros.Court of Appeals for the Second Circuit · 1914
- In re Julius Bros.District Court, S.D. New York · 1913
- Pierce Steam Heating Co. v. RansomAppellate Division of the Supreme Court of the State of New York · 1897
- Pierce Steam-Heating Co. v. RansomAppellate Division of the Supreme Court of the State of New York · 1897