Coursey v. . Morton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 29, 1890, which affirmed a judgment in favor of ■defendants entered upon the report of a referee. The following is the opinion in full: “ This action was brought to set aside a general assignment for the alleged benefit of creditors upon the ground of fraud.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 29, 1890, which affirmed a judgment in favor of ■defendants entered upon the report of a referee. The following is the opinion in full: “ This action was brought to set aside a general assignment for the alleged benefit of creditors upon the ground of fraud. “John and Thomas Morton were copartners-engaged in the manufacture of shawls under the firm name of Morton Brothers, at Skaneatles, N. Y. On the 13th day of September, 1887, they executed an assignment in…
1Opinion of the Court
Haight, J., reads for reversal.
All concur, except Bradley, Yanw and Bbowh, JJ., dissenting, who were of the opinion that, while the General Term might, with great propriety, have reversed the judgment upon the ground that the findings of the referee were opposed to the weight of evidence, still, as there was some evidence to support the referee’s conclusion, this court could not interfere.
Judgment reversed.
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