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Haas v. O'Brien

1 Abb. N. Cas. 173 Court N. Y. Court of Appeals ; English

Delivered by The Court (opinion by Miller, J.),

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p. 173
HAAS v. O'BRIEN.
N. Y. Court of Appeals ;
September, 1876.

Headnote

Assignment fob Benefit of Obeditobs.
A general assignment by an insolvent for the benefit of creditors, made under the act of 1860, c. 348, p. 695, and the acts amending the same, in good faith and without preference, is not void for contravening or defeating the bankrupt act.[1]
Louis Haas, as assignee in bankruptcy of P. Flanagan (adjudicated a bankrupt May 18, 1873), brought this action in the N. Y. superior court to set aside an assignment for benefit of creditors, made January 9, 1873, under the State law above mentioned. It did not appear from the appeal papers when the petition was filed, nor whether it was a voluntary or involuntary bankruptcy ; but it seems to have been conceded on the argument that the petition was filed in time. It was also admitted that the assignment was made in good faith..
The superior court held the assignment void, and defendant appealed.
p. 174
Jacob A. Gross (Francis C. Devlin, attorney), for appellant.
Samuel Hand (Jacob & Koch, attorneys), for respondent.

citing Tiffany v. Lucas, 15 Wall. 410 ; S. C., 8 Bankr. Reg. 49; Thrasher v. Bentley, reported at p. 39 of this vol.; Cook v. Rogers, 31 Mich. 391 ; Beck v. Parker, 65 Pa. St. 262 ; S. C., 3 Am. R. 625; Hawkins’ Appeal, 34 Conn. 548 ; Sedgwick v. Place, 1 Bankr. Reg. 204, 673; Langley v. Perry, 2 Id. 597 ; Mayer v. Hillman, 91 U. S. (1 Otto) 496; Smith v. Teutonia Ins. Co., 4 Chicago L. N. 130; In re Kintzing, 3 Bankr. Reg. 217; and disapproving (or distinguishing as founded partly on lack of evidence' of good faith), Foster v. Hackley, 2 Bankr. Reg. 406; Re Smith, 4 Ben. 1 ; S. C., 3 Bankr. Reg. 377; Re Goldschmidt, 3 Ben. 379 ; S. C., 3 Bankr. Reg. 165; Spicer v. Ward, 3 Id. 512 ; Randall v. Sunderland, 3 Id. 18; Re Wells, 3 Id. 371; Re Reid, 1 Dill. 439 ; Hardy v. Bininger, 7 Blatchf. 262 ; S. C., 4 Bankr. Reg. 262; held as above.[1]

Judgment reversed, and new trial granted, costs to abide event.

* Will probably be reported in 64 N. Y.

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