American Sugar Refining Co. v. Fancher
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made at the October term, 1894, which reversed an interlocutory judgment in favor of plaintiff, entered upon the report of a referee and the final judgment entered thereon, and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made at the October term, 1894, which reversed an interlocutory judgment in favor of plaintiff, entered upon the report of a referee and the final judgment entered thereon, and ordered a new trial. This action was brought by plaintiff against defendant, as assignee, for the benefit of creditors of the firm of C. Burkhalter & Co., to recover the proceeds of the re-sale ‘of certain goods alleged to have been fraudulently purchased from plaintiff by said firm. The interlocutory judgment adjudged…
1Opinion of the Court
Andrews, Ch. J.
This case presents a question of considerable practical importance. It relates to the equitable jurisdiction of the court under special circumstances to follow proceeds of personal property in the hands of a fraudulent vendee or his general assignee for the benefit of creditors at the suit of a defrauded vendor, who by false pretenses was induced to part with the property upon credit, the proceeds sought to be reached being the sums due from sub-vendees of the fraudulent purchaser arising on re-sales by him made before the discovery by the plaintiff of the fraud. The facts upon…
2Cases cited11 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Hammond v. . PennockNew York Court of Appeals · 1874
- Newton v. . PorterNew York Court of Appeals · 1877
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
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3Cited by56 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
- Pereira v. Checkmate Communications Co. (In Re Checkmate Stereo & Electronics, Ltd.)United States Bankruptcy Court, E.D. New York · 1981
- United States v. DunnSupreme Court of the United States · 1925
- Hatch v. Fourth National BankNew York Court of Appeals · 1895
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