Lance v. Shaughnessy
New York Supreme Court
Appeal from circuit court, Oneida county. Action by George A. Lance, as temporary receiver of the Sheridan Scotch-Cap Company) against Patrick J. Shaughnessy, to recover money paid. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendant appeals.
1Opinion of the CourtMartin, J.
The sole purpose of this action was to recover of the defendant the sum of $1,500 and interest, upon the ground that it was paid to the defendant by an insolvent corporation, with the intent of giving him a preference over its other creditors. The action was based upon the provision of section 48 of the stock corporation law (Laws 1892, c. 688), which declares:
“No conveyance, assignment or .transfer of any property of any such corporation by it or by any officer, director or stockholder thereof, nor any payment made, judgment suffered, lien created or security given by it or by any officer,…
2Cases cited4 opinions
- House v. . LockwoodNew York Court of Appeals · 1893
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Stannard v. . HubbellNew York Court of Appeals · 1890
- Springer v. . BienNew York Court of Appeals · 1891
3Cited by7 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- In Re Estate of FunkensteinCalifornia Supreme Court · 1915
- Stethem v. SkinnerIdaho Supreme Court · 1905
- American Radiator Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Bronxville Palmer v. State of New YorkNew York Court of Appeals · 1966
2 more not listed; retrieve them via the Exa API.