Henry Beste et al., Appellants v. Henry S. Burger et al., Respondents

Henry Beste et al., Appellants v. Henry S. Burger et al., Respondents. (Submitted June 18, 1888; decided June 29, 1888.) Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made December 7,1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought by judgment-creditors of a firm to set aside an assignment made by surviving members of the firm for the benefit of creditors. The contention of plaintiffs was that the surviving members, had no right to make the assignment. ■ Held otherwise on authority of Williams v. Whedon (109 N. Y. 333). Plaintiff sought to prove declarations of the assignors after the assignment, this was objected to as incompetent against the assignee; after this objection the offer was persisted in by plaintiffs without any suggestion that the evidence was competent as against the parties making the declarations. The objection was sustained. Held, no error, that as the evidence was offered against all the defendants it was properly excluded. Coudert Brothers for appellants. W. W. MacFarland for respondents. Earl, J., reads for affirmance. [MAJORITY] All concur. Judgment affirmed.