Legal Opinion

Lore v. Dierkes

The Superior Court of New York City

Decided December 15, 1884PublishedCited by 6 opinions

Appeal from a judgment. Philip Lore, in Ms life-time, being indebted, assigned a lease he held, and which constituted his only property, to Catherine Dierkes, one of the present defendants in this action, the transfer being expressed to be subject to the payment of the debts above mentioned without interest, and in installments to commence after his, the debtor’s death..

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Appeal from a judgment. Philip Lore, in Ms life-time, being indebted, assigned a lease he held, and which constituted his only property, to Catherine Dierkes, one of the present defendants in this action, the transfer being expressed to be subject to the payment of the debts above mentioned without interest, and in installments to commence after his, the debtor’s death.. Catherine Dierkes was also a creditor of Philip Lore, in the sum of $1,800. The lease assigned to her being subject to a mortgage, she had paid $500 to the holder of the mortgage in reduction of the amount due thereon. The…

1Opinion of the Court

By the Court.—Sedgwick, Ch. J.

The action is brought by plaintiff, as administrator of the estate of Philip Lore, deceased, to set aside a transfer of leasehold property by him in his life-time to defendant Catherine Dierkes, as fraudulent as to the creditors of the intestate. The court found, upon sufficient testimony, that at the time of the transfer, the intestate was indebted to one Philip Baum, in $637, as evidenced by a promissory note payable on demand, and also to one Frederick Luxinger, in $300, which was due. This last indebtedness may be dropped from the case, except as a piece of…

2Cases cited31 opinions

  1. Hammond v. . PennockNew York Court of Appeals · 1874
  2. Clements v. MooreSupreme Court of the United States · 1868
  3. Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
  4. Thompson v. BrownNew York Court of Chancery · 1820
  5. Boyd v. DunlapNew York Court of Chancery · 1815

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3Cited by6 opinions

  1. Loos v. . WilkinsonNew York Court of Appeals · 1889
  2. McQuaide v. . PerotNew York Court of Appeals · 1918
  3. In re the Estate of WeinbergNew York Surrogate's Court · 1937
  4. Kelly v. KellyNew York Supreme Court · 1921
  5. Harden v. DorthyAppellate Division of the Supreme Court of the State of New York · 1896

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