Metcalf v. . Moses
New York Court of Appeals
Cross-appeals, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 31, 1899, modifying, and as modified affirming, a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Cross-appeals, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 31, 1899, modifying, and as modified affirming, a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The intent of the debtors, however fraudulent, is not sufficient to invalidate a transfer made to secure a tona fide creditor, unless such wrongful intent and purpose is participated in by the creditor, and further it must appear that by means of…
1Opinion of the CourtO’Brien, J.
The plaintiffs are judgment creditors of Lesser Brothers, a firm engaged in the clothing business in 17ew York, and which failed on October 2, 1896. The purpose of the action was to set aside certain transfers of real and personal property and certain judgments by confession given by the firm to various parties claiming to be creditors, on the ground that the transfers and judgments were fraudulent. The facts which disclose the various transactions present the usual complications found in all schemes to defraud creditors. They have been fully detailed in the opinion of the learned trial judge…
2Cases cited3 opinions
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Parker v. . DayNew York Court of Appeals · 1898
- Galle v. . TodeNew York Court of Appeals · 1896
3Cited by10 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- First Nat. Bank of Cincinnati v. FlershemSupreme Court of the United States · 1934
- In re Richardson's EstateDistrict Court, N.D. Texas · 1923
- First National Bank v. MillerNew York Court of Appeals · 1900
- Wright v. SampterDistrict Court, S.D. New York · 1907
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