Tompkins v. . Hunter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1894, which affirmed a judgment in favor of defendants, dismissing the complaint upon the merits, 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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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1894, which affirmed a judgment in favor of defendants, dismissing the complaint upon the merits, 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 transfer made by Hunter to the bank, one of his creditors, constituted a general assignment for benefit of all the creditors. ( White v. Cotzhausen, 129 U. S. 329 ; Krebs v. Ewing, 22 Fed. Rep. 693; Freund v.…
1Opinion of the CourtMartin, J.
On and prior to April 19, 1890, Charles Hunter was engaged in business as a grocer and produce dealer in the village of Penn Yan, N. Y. The plaintiffs obtained judgments against him and issued executions thereon, which were returned unsatisfied before the commencement of this action. The judgments were for debts which had accrued before the nineteenth of April, 1890. On that day Hunter had determined to discontinue his business and proposed to the president of the First National Bank of Penn Yan to sell and convey to the" bank all his property, real and personal, not exempt from levy and sale…
2Cases cited20 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- Karst v. . GaneNew York Court of Appeals · 1893
- White v. CotzhausenSupreme Court of the United States · 1889
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3Cited by94 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- State of New York Mtge. Agency v. BraunAppellate Division of the Supreme Court of the State of New York · 2020
- Reddington v. Staten Island University HospitalNew York Court of Appeals · 2008
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
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