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22 Misc. 284

Wright v. Thorpe

New York Supreme Court

Decided January 15, 1898

New York Supreme Court · decided 1898-01-15

Agtioh by a judgment creditor to set aside a transfer of property by his debtor as fraudulent and void against creditors. It is by a trust instrument which transfers the business- and all of the assets of the debtor therein, to trustees to hold the same, run the business for an indefinite time, and out of - the profits pay in full such of the creditors as shall come in and agree to such arrangement, and thereupon' to transfer back to the debtor.

Relies on Sutherland v. . Bradner

Decided 1898-01-15

Gaynor, J.:

¶1This scheme hinders and delays all creditors who did not consent to it (of whom plaintiff is one), and is therefore void as to them (Sutherland v. Bradner, 116 N. Y. 410). Judgment for the plaintiff..

¶2Judgment for plaintiff.

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