Boardman v. Halliday
New York Court of Chancery
The bill in this cause was filed by the complainants as judgment and execution creditors of Halliday, one of the defendants, to set aside an assignment of his real and personal property to Decker, Hammond, and Campbell, the other defendants, as fraudulent; and as forming a cloud upon the title to the property on which the complainants had obtained a lien by the docketing of their judgment, and the levy of their execution.
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The bill in this cause was filed by the complainants as judgment and execution creditors of Halliday, one of the defendants, to set aside an assignment of his real and personal property to Decker, Hammond, and Campbell, the other defendants, as fraudulent; and as forming a cloud upon the title to the property on which the complainants had obtained a lien by the docketing of their judgment, and the levy of their execution. In October term, 1837, the complainants recovered a judgment against Halliday in the supreme court, for about $2700, which was docketed on the 1st of the same month. An…
1Opinion of the Court
The Chancellor.
The question as to the validity of such an assignment as this, is no longer an open question in this court. In the case of Wakeman v. Grover, (4 Paige’s Rep. 41,) this court decided that a debtor could not put his property beyond the reach of his creditors at law by assigning it to trustees to pay debts, without settling the rights of creditors under the assignment; leaving it to the assignees to give such future preferences in payment as they might deem proper. It is true that ground of objection to the assigument of Grover & Gunn was not distinctly passed upon by the majority…
2Cases cited1 opinion
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by20 opinions
- Steinback v. State ex rel. Madison TownshipIndiana Supreme Court · 1872
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Hord v. StateIndiana Supreme Court · 1907
- Cronin v. . StoddardNew York Court of Appeals · 1884
- Carli v. RhenerSupreme Court of Minnesota · 1880
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