Thalheimer v. Klapetzy
New York Supreme Court
Appeal from special term, Onondaga county. Action by Gates Thalheimer against Feliz 0. Klapetzy and others. Plaintiff is a judgment creditor with an execution returned unsatisfied of Feliz C. Klapetzy and Bernard Klapetzy, who were copartners in business in Syracuse from September 26, 1885, down to the 19th of August, 1889, when they made a general assignment to the defendant Chryst.
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Appeal from special term, Onondaga county. Action by Gates Thalheimer against Feliz 0. Klapetzy and others. Plaintiff is a judgment creditor with an execution returned unsatisfied of Feliz C. Klapetzy and Bernard Klapetzy, who were copartners in business in Syracuse from September 26, 1885, down to the 19th of August, 1889, when they made a general assignment to the defendant Chryst. On the 17th of August, 1889, the judgment debtors confessed two several judgments, one to John Klapetzy and the other to Joseph J. Klapetzy. It is found by the trial judge that when the judgments were obtained,…
1Opinion of the CourtHardin, P. J.
Principally upon the evidence of one of the assignors called as a witness by the plaintiff, as well as his testimony given in supplementary proceedings, the plaintiff relied at the trial to sustain the allegations of the complaint which, in effect, charge that the confessions of judgment made on the 17th of August, 1889, were part of a scheme on the part of the assignors to give preferences, in violation of chapter 503 of the Laws of 1887. Inasmuch as the plaintiff called Feliz Klapetzy as a witness, he thereby vouched to the court that he was worthy of credence, and the plaintiff was not at…
2Cases cited4 opinions
- Hunt v. FishNew York Supreme Court · 1848
- Spellman v. FreedmanNew York Supreme Court · 1889
- Stein v. LevyNew York Supreme Court · 1890
- Wilcox v. PayneNew York Supreme Court · 1889