Creteau v. Foote & Thorne Glass Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Foote & Thorne Glass Company and others, from a judgment of the Supreme Court in favor of the plaintiff against the appealing defendants, entered in the office of the clerk of the county of New York on the loth day of February, 1900, upon the decision of the court rendered after a trial at the New York Special Term, which judgment, among other things, adjudged the general assignment of the Foote & Thorne Glass Company to the defendant Clarkson…
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Appeal by the defendants, the Foote & Thorne Glass Company and others, from a judgment of the Supreme Court in favor of the plaintiff against the appealing defendants, entered in the office of the clerk of the county of New York on the loth day of February, 1900, upon the decision of the court rendered after a trial at the New York Special Term, which judgment, among other things, adjudged the general assignment of the Foote & Thorne Glass Company to the defendant Clarkson to be void as against the plain tiff, and directed the defendants Hislop and Colby to pay to the receiver appointed by…
1Opinion of the Court
Ingraham, J.:
The plaintiff in this action -seeks to have set aside an assignment made by the Foote & Thorne Glass Company, a domestic corporation, for the benefit of creditors. The complaint alleges the recov*169•ery by the plaintiff of a judgment against the corporation; that an execution was issued, thereon and returned unsatisfied, and that at the time the execution was issued the corporation would have had within the county of New York sufficient property to pay and satisfy said execution, except for the wrongful and fraudulent acts interposed by it to prevent such or any payment or…
2Cases cited5 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Home Bank v. J. B. Brewster & Co.Appellate Division of the Supreme Court of the State of New York · 1897
- O'Brien v. . East River Bridge Co.New York Court of Appeals · 1900
- Lodi Chemical Co. v. National Lead Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Koechl v. Leibinger & Oehm Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Whalen v. StrongAppellate Division of the Supreme Court of the State of New York · 1930
- Stetson v. HopperAppellate Division of the Supreme Court of the State of New York · 1901
- Ackerbaum v. Gracelyne Fashions, Inc.Appellate Division of the Supreme Court of the State of New York · 1943