Collumb v. . Read
New York Court of Appeals
Appeal from the Supreme Court. The plaintiffs, as judgment creditors of George Caldwell and Robert Fero, commenced this action in February, 1850, to procure -a satisfaction of their judgment out of the property and equitable interests of the defendants, and particularly to set -aside certain assignments and mortgages of the defendants’ property which were -alleged to be fraudulent as against their creditors.
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Appeal from the Supreme Court. The plaintiffs, as judgment creditors of George Caldwell and Robert Fero, commenced this action in February, 1850, to procure -a satisfaction of their judgment out of the property and equitable interests of the defendants, and particularly to set -aside certain assignments and mortgages of the defendants’ property which were -alleged to be fraudulent as against their creditors. The plaintiffs recovered a judgment in the Supreme Court against George Caldwell and Robert Fero, on the 13th day of September, 1848, for $11,333.44, and on the 23d June, 1849, they…
1Opinion of the Court
Dentó, J.
The most material question raised by this appeal is, whether the assignment made by the firm of Gr. & J. W. Caldwell was fraudulent and void on account of its embracing real estate the title to which was in the separate partners as tenants-in-common. If this real estate is to be considered as the individual property of the partners, and not as copartnership property, the assignment of it, to pay the partnership debts, with a reservation of the surplus to the assignors, who were, at the same time, insolvent as to their separate concerns, was fraudulent as against their creditors. This…
2Cases cited2 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Buchan v. SumnerNew York Court of Chancery · 1847
3Cited by46 opinions
- Randolph v. ScruggsSupreme Court of the United States · 1903
- Purdy v. . HaytNew York Court of Appeals · 1883
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Riddle v. WhitehillSupreme Court of the United States · 1890
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