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Page thumbnail for The National Republican And Ohio Political Register
Domestic News January 31, 1826

The National Republican And Ohio Political Register

Cincinnati, Hamilton County, Ohio

What is this article about?

In the New York Court of Errors, the case of Mackie, Milne & Co. against Wm. Cairns and others, decided on December 30, established that an insolvent debtor's assignment in trust for creditors is void if it reserves any property for the debtor's use, entirely so against non-assenting judgment creditors, overturning prior practice.

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Full Text

Law.—In the case of Mackie, Milne & Co. against Wm. Cairns and others, decided on the 30th Dec. in the court of Errors of the state of New-York, it has been established as the law of that state, that an assignment made by an insolvent debtor, in trust for the benefit of creditors, if it reserves for his own use any portion of the property conveyed, is void as to judgment-creditors not assenting to it; and that it is void, not merely with regard to the portion reserved, but wholly and entirely. This decision over-turns former practice, which of course also was, until this decision, the general impression as to what was the law in such a case.

What sub-type of article is it?

Legal Or Court

What keywords are associated?

New York Court Insolvency Assignment Creditors Void Legal Decision

What entities or persons were involved?

Mackie, Milne & Co. Wm. Cairns And Others

Where did it happen?

State Of New York

Domestic News Details

Primary Location

State Of New York

Event Date

30th Dec.

Key Persons

Mackie, Milne & Co. Wm. Cairns And Others

Outcome

the assignment is void as to judgment-creditors not assenting to it, wholly and entirely, overturning former practice.

Event Details

In the case of Mackie, Milne & Co. against Wm. Cairns and others, decided in the court of Errors, it has been established as the law of that state that an assignment made by an insolvent debtor in trust for the benefit of creditors, if it reserves for his own use any portion of the property conveyed, is void as to judgment-creditors not assenting to it; and that it is void, not merely with regard to the portion reserved, but wholly and entirely.

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