Legal Opinion

Faxon v. Ball

New York Supreme Court

Decided January 13, 1893PublishedCited by 2 opinions

Appeal from special term, New York county. Action by Edith Mason Faxon against John Oscar Ball and others to set aside as fraudulent a general assignment made for the benefit of creditors. From an order denying his application for a bill of particulars, defendant Ball appeals. Affirmed.

1Opinion of the CourtO’Brien, J.

This action was brought to set aside as fraudulent and void a general assignment for the benefit of creditors, executed by the defendant John Mason to the defendant John O. Ball. No .claim is advanced but that the complaint sets forth facts constituting such a cause of action. But the defendant insists that the particulars of the fraudulent acts relied upon to prove fraudulent intent should be furnished, and it is from the order denying the application for such a bill of particulars that this appeal is taken.'

The appellant industriously refers to the various kinds of action involving the…

2Cases cited2 opinions

  1. Passavant v. CantorNew York Supreme Court · 1888
  2. Claflin v. SmithNew York Supreme Court · 1883

3Cited by2 opinions

  1. Constable v. HardenberghNew York Supreme Court · 1894
  2. Faxon v. MasonNew York Supreme Court · 1894

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