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Sign up freeThe National Republican And Ohio Political Register
Cincinnati, Hamilton County, Ohio
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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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Domestic News Details
Primary Location
State Of New York
Event Date
30th Dec.
Key Persons
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.