Skillin v. Maibrunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David Maibrunn and another, from . an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, setting' aside a deed of real estate as fraudulent against creditors.
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Appeal by the defendants, David Maibrunn and another, from . an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, setting' aside a deed of real estate as fraudulent against creditors. The complaint avers that the defendant David Maibrunn was adjudicated a bankrupt on January 21, 1901, and the plaintiff appointed his trustee in such proceedings; that prior thereto and for the purpose of cheating and…
1Opinion of the Court
O’Brien, J.:
Upon the trial it appeared that before this action was commenced the property had been conveyed by the defendant Henry Maibrunn to a bona fide holder for value.' It was expressly found that the conveyance from the son to the father was in fraud of creditors; and, as it was no longer possible to have the real estate turned over to. the plaintiff, the court awarded the only appropriate relief which upon the facts could be given, namely, that the defendant who received the proceeds upon the sale should account therefor to the plaintiff for the benefit of creditors.
In form the…
2Cases cited3 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Baily v. . HornthalNew York Court of Appeals · 1898
- Rogers v. New York & Texas Land Co.New York Court of Appeals · 1892
3Cited by6 opinions
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- Alexander v. Quality Leather Goods Corp.New York Supreme Court · 1934
- Farr v. NewmanAppellate Division of the Supreme Court of the State of New York · 1963
- Mallouk v. American Exchange National BankAppellate Division of the Supreme Court of the State of New York · 1913
- Frank v. Von BayerAppellate Division of the Supreme Court of the State of New York · 1923
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