New York Court of Appeals

Collumb v. Read

June 5, 186224 N.Y. 505

Summary

The New York Court of Appeals affirmed the lower court's judgment that the joint assignment of the Caldwell partnership's real estate was fraudulent and void, that the mortgage to Read was bona fide and valid, and that the trustee was not required to account for rents received before the assignment was set aside. The court applied equitable conversion principles to determine when partnership‑owned land may be subject to partnership creditors.