Young v. Stone
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John It. Young and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 3d day of April, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Broome Tidal Term, and also from an order entered in said clerk’s office on the 6th day of October, 1899, denying the plaintiffs’ motion for a new trial made upon the minutes.
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Appeal by the plaintiffs, John It. Young and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 3d day of April, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Broome Tidal Term, and also from an order entered in said clerk’s office on the 6th day of October, 1899, denying the plaintiffs’ motion for a new trial made upon the minutes. Prior to the commencement of this action plaintiffs were copartners, doing business under the firm name of Young & Newman as tobacco…
1Opinion of the Court
Chase, J.:
This action grows out of a struggle between two creditors of an insolvent firm in an effort to obtain priority in the payment .of their claims out'of the assets of the insolvents. The claimed indebtedness to the creditors, respectively, is just and honest. " An insolvent dibtor has the right to sell and transfer the whole or any portion of his property to one or more of his creditors in payment of, or to secure, his debts when that is his honest purpose, although the effect of the sale or transfer will be to place his property beyond the reach of other of his creditors and render…
2Cases cited10 opinions
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Britton v. . LorenzNew York Court of Appeals · 1871
- Manning v. . BeckNew York Court of Appeals · 1891
- Brown v. . GuthrieNew York Court of Appeals · 1888
- Delaney v. . ValentineNew York Court of Appeals · 1898
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3Cited by5 opinions
- In re PolanskyDistrict Court, S.D. New York · 1930
- Behrens v. ClarkNew York Supreme Court · 1928
- Compagnia Distribuzione Calzature, S.R.L. v. PSF Shoes, Ltd.Appellate Division of the Supreme Court of the State of New York · 1994
- Wasserman v. Raynor's Fur Corp.City of New York Municipal Court · 1930
- In re Colwell Lead Co.District Court, S.D. New York · 1917