IN RE POLANSKY

No. 46776.

41 F.2d 547 (1930)

In re POLANSKY.

District Court, S. D. New York.

March 10, 1930.


Attorney(s) appearing for the Case

J. A. Adler, of New York City, for petitioning creditors.

Abraham Strauss, for trustee.


CAFFEY, District Judge.

Where, as here, a debtor transfers all his assets to a trustee for the benefit of all his creditors, the instrument is, within the meaning of the Debtor and Creditor Law (New York Laws of 1909, chapter 17 [Consol. Laws, c. 12]), a general assignment. Young v. Stone, 61 App. Div. 364, 70 N.Y.S. 558, aff'd 174 N.Y. 517, 66 N. E. 1118. The inclusion of a clause, such as that in the second paragraph of the so-called deed of trust produced at the...

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