« AnteriorContinuar »
The same, by an Agent or Attorney. COM MA88 SUFFOLK, SS.
A. B., of Boston, in said county, merchant, agent (or attornoy) of C. D., of the city, county, and state of New York, merchant on oath declares, that the said C. D. has a demand against the within-named E. F. upon the cause of action stated in the within writ, which this deponent believes to be justly due, and upon which ho expects that the said C. D. will recover ten dollars or upwards; and that this deponent has reasonable cause to believe that said E. F is about to depart beyond the jurisdiction of the court to which said writ is returnable, and not to return till after judgment may probably be recovered in said suit, so that he cannot be arrosted on the first execution (if any) which may issue in said suit.
A. B. Subscribed, &c., (as in Affidavit to hold to Bail.!
Affidavit by a Party in a Cause,
TO PROVE A FACT IN COURT.
I, A. B , plaintiff in the above-entitled cause, on oath depone and bay, that the original paper, of which a copy has been produced, was in my possession on or about the first day of July last
, since which time I have not seen the same, and I suppose and believe it to have been lost.
Subscribed, &c., as in Affidavit to hold to Bail.]
An assignment is valid only whon made in good faith. Any party interested in testing its validity, can do so in an action; if it can be shown before a jury that the assignment was made to evade debts due to creditors, they will set it aside; if such fraud cannot be proved, then it will stand.
An assignment by a debtor for the benefit of his creditors must bo unconditional surrender of all his effects. If he secretly hold back any property, such withholding is fraudulent, and punishable by statute.
An insolvent debtor has the right to prefer one creditor to the exclusion of all others, in case it be dere in good faith This right remains with him even after suit has been commenced against him by another creditor
Ao assignment by an insolvent debtor in trust to puy cortain sreditors, who are to transfer the residue to the debtor, is void as to the remaining creditors; and evidence that there would be no surplus, will not render it valid.
An assignment authorizing the assignee to change, at discretion, the order of preference of creditors is void.
All assignments for the benefit of creditors must be accompanied by immediate delivery of the property.
Trustees and assignees are entitled to the same compensation that is allowed to executors, administrators, and guardians.
Assignments, and assignments of mortgages, must be acknowl. odged and recorded, like all other conveyances of property.
General Form of Assignment,
TO BE WRITTEN OR ENDORSED ON THE BACK OF ANY INSTRUMENT
Know all mėn by these presents, that I, the within-named A. B., in consideration of one hundred dollars to me paid by C. D., have assigned to the said C. D., and his assigns, all my interest in the within written instrument, and every clause, article, or thing therein contained; and I do hereby constitute the said C. D., my attorney, in my name, but to his own use, and at his own risk and cost. to take all legal measures which may be proper for the complete recovery and enjoyment of the assigned premises, with power of substitution.
In testimony whereof, I have hereunto set my hand and seal, this tenth day of May, one thousand eight hundred and sixty.
A. B. SEAL.] in the presence of
Assignment of Partnership Property and Debts, BY ONE PARTNER TO ANOTHER, IN TRUST, TO CLOSE THE CONCERN.
WHEREAS, & co-partnership has heretofore existed between D. H. and A. B., both of the city of Boston, which co-partnership has been known under the name of H. and B., and which it is the in. tention of the said 00-partners forthwith to dissolve and deter. mine : Now, this indenture of two parts, made this day of —, in
by and between the said D. H., of the cae part, and the said A. B., of the other part, witnessoth:
First. That the co-partnership aforesaid, is hereby, by tho mu. cual cousent of the said parties, dissolved and determined.
Second, The said 1). Il doth hereby sell, truusfer, assign and set over unto the said A. B., his moiety of all the stock in trade, goods merchandise, effects, and property of every description belonging to or owned by the said co-partnership, wherever the same may be, together with all debts, cases in action, and sums of money due and owing to the said firm from any and all persons whomsoever to hold the same to the said A. B. and his assigns forever, in truet for the following purposes, namely: that the said A. B. shall sell and dispose of all the goods, property, and effects belonging to th said firm, at such time and in such manner as he may think pru dent; and shall, with reasonable diligence, collect all the debt and sums of money due and owing to the said firm; and shall, out of the proceeds of the said sales, and with the money thus col. lected, pay and discharge all the debts and sums of money now due and owing from the said firm, as far as the proceeds of said sales and the sums of money collected will go; and, after fully satisfying all demands against the said firm, if there be any surplus, shall pay over one moiety thereof to the said D. H. or hig assigns.
Third. The said D. H. doth hereby constitute and appoint the said A. B. his attorney irrevocable, in his, the said A. B.'s own name, or in the name of the said firm, to demand, collect, sue fur and receive any and all debts and sums of money due and owing to the said firm; to institute and prosecute any suits for the recov. ery of the said debts, or to compound the same, as he may judgo most expedient; to defend any and all suits against the said firm, to exocute all such paper writings and acquittances as may be ne cessary; and generally to do all such acts and things as may bo necessary or proper for the full and complete settlement of all business and concerns of the said co-partnership.
Fourth. The said A. B., for himself and his heirs, executors, and administrators, hereby covenants to and with the said D. H. and his assigns, that he will sell and dispose of all the partnership proerty and effects to the best advantage ; that he will use his best diligence and endeavors to collect all debts and sums of money duo and owing to the said firm; and that he will truly and faithfully apply the proceeds of said sale, and the moneys collected, to the payment, discharge, and satisfaction of all debts and demands against the said firm, as far as the same will go : and, after discharging all such debts, will pay over to the said D. H., or his assigns, one mɔiety of any surplus that may remain ; and further, that he will keep full and accurate accounts of all moneys received by him for goods sold, or debts collected; as well be of moneye paid out, and will render a just, true, and full account therefor to the said D. H.
Fifth. The said D. II., for himself, &c., covenants to and with the said A. B., &c. that, upon settlement of accounts if it sbal bu
found that che debts due and owing from the said firm exceed the amount of moneys received from the sale of the said goods, and the debto collected, he will pay unto the said A. B., or his assigns, one moiety of any balance that may then be due and owing froin the said firm.
In testimony whereof, &c., (as in General Form of Assignment.]
Assignment of Partnership Property and Debts by one Part
ner to Another for a Certain Sum. This Indenture of two parts, made and concluded this of —, in the year of by and between D. H., of New York, printer, of the first part, and J. B., of New-York, printer, of the second part, witnesseth:
That, whereas, the said parties were lately co-partners in the business of printing, which partnership was dissolved and determined on the
last; and whereas many debts, due and owing to the said parties on account of their said co-partner. ship, are still outstanding, and debts due by the said firm are yet unpaid ; and whereas it is agreed that the said party of the second part shall assign and release to the said party of the first part all his interest in the stock in trade, goods and effects, belonging to the said firm, and in the debts now owing to the said firm, and that the said party of the first part shall assume all the debts and liabilities of the said firm, and shall discharge and indemnify the said party of the second part from all liabilities and losses arising from the said partnership:
Now, therefore, in pursuance of the said agreement, and in conderation of the sum of paid and secured to the said J. B , he, the said J. B., doth hereby fully and absolutely sell, assign, rolease, and make over to the said Ď. H. all his right, title, interest, and share, in and to all the stock in trade, goods, merchandiso, machinery, tools, books, leasehold premises, and effects, belonging to the said partnership, of whatever kind or nature, and wheresoever situated; also, all his right, title, and interest in and to all tho debts and sums of money now due and owing to the said firm whether the same be by hond, bill, note, or account, or otherwise and the said J. B. doth bereby make and appoint ihe said D. H. his executors, administrators, and assigns, to be his attorney and attorneys, to receive all and several the debts and sums of money above mentioned, to his and their own use and benefit; and doth bereby authorize the said D. H., his executors, &c., to demand, col. lect, and sue for the said debts and sums of money, and to use his, the said J. B.'s name in any way or manner that the collection, ré. covery, and realization of the said debts and demands may rendor necessary, as well in court as out of court, but at their own proper costs and charges, and without cost or damage to the said J. B And the said J. B. doth hereby further authorize the said D. H. to convey and transfer to his own name, and for his own use and benefit, any and all sums of money and effects, real and personal estate, which may be taken or received in the name of the said firm, and to hold the same free from all claims by the said J. B., his executors, administrators, or assigns.
And these presents further witness, that, inpursuance of the said agreement, the said D. II., for himself, his executors and administra tors, doth hereby covenant to and with the said J. B., his executors and adıninistrators, that he, the said D. H., and his, &c, shall pay and discharge, and at all times hereafter save barmless and indem. nify, the said J. B., his, &c., from and against all and every the debts, duties, and liabilities, which, at the dissolution and termination of the said partnership, were due and owing by the said firm to any person or persons, for any matter or thing touching the said partnership, and of and from all actions, suits, costs, expenses, and damages, for, or concerning the said debts, duties and liabili: ties, unless the said J. B. shall have contracted any debts or in. curred any liabilities, in the name, and on account of the said firm, which are unknown to the said D. II., and do not appear in the books of the said firm; for which, if any such exist, the said D. H. does not hereby intend to make himself responsible.
In testimony whereof, &c., [As in General Form of Assignment.]
Assignment of a Bond by Endorsement. Know all men by these presents, that I, the within named A. B. for, and in consideration of the sum of to me paid by C. D of - at or before the sealing of these presents, (the receipt whereof is hereby acknowledged,) have granted, bargained, sold, assigned, transferred, and set over, and by these presents do grant, bargain, sell, assign, transfer, and set over, unto the said C. D., his executors, adminstrators and assigns, the within written bond or ob tigation, and the sum of — mentioned in the condition thereof, together with all interest due and to grow due for the same, and all my right, title, interest, claiin, and demand, whatsoevor, of, in, and to the same. And I authorize the said C D., in my name to demand, sue for, receive, have, hold and enjoy the said sum of
and interest, to his own use absolutely forever. In testimony, &c. (as in General Form of Assignment.)
Assignment of a Judgment.
WHEREAS, I, the said A. B., lately recovered judgment, in the pourt of, &c., holder at on—, against C. D. of for