18 Barb. 272 | N.Y. Sup. Ct. | 1854
The plaintiffs make title to the property in question, through an assignment made to them by Ralph S. Peck in trust, for the benefit of his creditors. The assignment is a general assignment for the benefit of all of Peck’s creditors, classing them. The plaintiffs are the only creditors
This charge cannot be sustained. The substance of the charge is, that it matters not how fraudulent may have been this insolvent debtor’s intent in making this general assignment, if his assignees are only free from all imputation of participating in his fraudulent designs, the assignment is to be upheld. The assignment is to be held good, notwithstanding this debtor may have made it with the express view to hinder, delay and defraud his creditors, if the jury are only satisfied that the trustees whom he has appointed to carry out his fraudulent designs are free from the imputation of fraud, themselves. The statute declares that every assignment in writing or otherwise, of any estate or interest in lands, or in goods or things in action, &c., made with the intent to hinder, delay or defraud creditors or other per
New trial granted.
Crippen, Shankland and Madison, Justices.]