General

Jay Ball, Appellant, v. Edwin P. Slaften, Respondent

98 N.Y. 622·New York Court of Appeals·1885·NY

All concur.

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Opinion

Jay Ball, Appellant, v. Edwin P. Slaften, Respondent. (Argued December 11, 1884; decided January 20, 1885.) An assignee for the benefit of creditors may attack a chattel mortgage executed by his assignor as fraudulent and void as to creditors. This was an action for the alleged wrongful conversion of personal property. Defendant claimed title under an assignment for the benefit of creditors. Plaintiff claimed title under a chattel mortgage executed by defendant’s assignor. The court say : “We think that upon the undisputed facts in this case the mortgage was, as a matter of law, fraudulent and void as to creditors, and that the assignee could upon that ground assail it.” M. M. Waters for appellant. B. H. Buell for respondent. [MAJORITY — Per curiam] Per curiam mem. for affirmance. All concur. Judgment affirmed.