Appellate Division of the Supreme Court of the State of New York February 15, 1900 (In re the Assignment of Gray)

Barrett, J.:

There can be po doubt that Bishop should have been removed, if the assignment to him had sufficient vitality to enable a substituted assignee to maintain an action (under chap. 314, Laws of 1858) to set aside certain transfers alleged to have been made by the assignor, prior to the assignment, in fraud of his creditors.