New York Court of Appeals

Nancy Menagh v. . John Whitwell

February 4, 187352 N.Y. 146

Summary

The New York Court of Appeals reversed the judgment, holding that the mortgages on partnership property were fraudulent and void as to the firm’s creditors and that separate transfers of individual partners’ interests did not divest the firm’s title, so the property remained subject to levy by partnership creditors. Justice RAPALLO’s concurrence fully agreed with these conclusions.