Maack v. Maack
New York Supreme Court
Appeal from special term, Cattaraugus county. Action by John C. Maack to set aside an assignment for benefit of creditors by John H. Maack to John F. Maack. After the commencement of the action John H. Maack, the assignor, died, and Eliza Maack, as administratrix, was substituted as defendant in his place. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtBradley, J.
The plaintiff, a judgment creditor of John H. Maack, brought this action to set aside the assignment made by the latter for the benefit of his creditors to the defendant John F. Maack, and charges that it is upon its face fraudulent and void as against such creditors, and that it is rendered so by the provision in it, which is as follows: “And whereas, the said party of the first part has been carrying on a grocery and feed store in said village of Little Valley, and is owing divers bills for goods sold to him-in said business, and the party of the second part símil pay and discharge, and pay…
2Cases cited7 opinions
- In Re the Assignment of LewisNew York Court of Appeals · 1880
- Rapalee v. . StewartNew York Court of Appeals · 1863
- Boardman v. HallidayNew York Court of Chancery · 1843
- Jessup v. . HulseNew York Court of Appeals · 1860
- Richardson v. . ThurberNew York Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ellis H. Roberts & Co. v. VietorNew York Court of Appeals · 1892
- Sweetser v. SmithNew York Supreme Court · 1889
- Ellis H. Roberts & Co. v. BuckleyNew York Supreme Court · 1894
- Ellis H. Roberts & Co. v. VietorNew York Supreme Court · 1889
- Roberts v. VietorNew York Supreme Court · 1889