¶1The cause having been argued in the court of appeals, that court, holding that by the true construction of the provisions of the act under consideration, the complainants, in consequence of their proceedings, had acquired a right to priority of payment out of the assets of the debtors, and that the voluntary assignment to H. B. Wardell was a fraud upon that statute, reversed the order of the chancellor which had been appealed from.
3 Denio 607
Spear v. Wardell
Decided January 15, 1848
New York Court of Appeals · decided 1848-01-15
The complainants being judgment creditors of C. and C. E. Wardell, on the 5th of November, 1846, called on and requested them to apply certain notes and evidences of debt of which they were possessed to the payment of the judgment, which they refused to do.
Decided 1848-01-15