Spear v. Wardell

4 How. Pr. 294

Opinion

In this case it was held that a voluntary assignment by a debtor, of all his property for the benefit of his creditors generally, while proceedings were pending against him, by a judgment creditor under the statute of 1831, (non-imprisonment act,) was a fraud upon the rights of the prosecuting creditor. The assignment was for the benefit of the prosecuting creditor—not of the creditors generally. (Reported, 1 Comstock, 144.)