Gomez v. Hagaman
New York Supreme Court
Appeal from judgment on report of referee. Action by Jose Gomez and others against William Hagaman and others to set aside a bill of sale of certain personal property made by defendants Samuel Stevens and John J. Van Schoonhoven, composing the firm of Samuel Stevens & Co., to the defendants Hagaman and others, composing the firm of Frank Wooster & Co., on the ground that the same was made and accepted with intent to hinder, delay, and defraud creditors, and on the further…
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Appeal from judgment on report of referee. Action by Jose Gomez and others against William Hagaman and others to set aside a bill of sale of certain personal property made by defendants Samuel Stevens and John J. Van Schoonhoven, composing the firm of Samuel Stevens & Co., to the defendants Hagaman and others, composing the firm of Frank Wooster & Co., on the ground that the same was made and accepted with intent to hinder, delay, and defraud creditors, and on the further ground that it was in violation of the law relating to assignments for benefit of creditors. The complaint was dismissed…
1Per curiam
It is now settled that a failing debtor any of his creditors by a bill of sale to such an extent as his property will permit; that the statute limiting the amount of preferences only applies to a general assignment for creditors. The conclusion reached by Parker, J., in London v. Martin, 79 Hun, 229, 29 N. Y. Supp. 396, is clearly supported by the authorities cited in his opinion.
The only questions, then, to be considered, are of fact. After read- • ing and carefully considering the evidence contained in the case, and the elaborate points presented by counsel, we have reached the conclusion…
2Cases cited3 opinions
- Peyser v. . MyersNew York Court of Appeals · 1892
- London v. MartinNew York Supreme Court · 1894
- Hannigan v. . AllenNew York Court of Appeals · 1891
3Cited by1 opinion
- Shotwell v. DixonAppellate Division of the Supreme Court of the State of New York · 1897