Blood v. Smith
City of New York Municipal Court
Appeal from an order made by the trial justice setting aside dismissal of complaint and ordering a new trial.
1Opinion of the Court
Ehrlich, Ch. J.
The trial judge, after dismissing the complaint, entertained a motion for a new trial, which he granted in his minutes. We think he erred in dismissing the complaint, and that he should have sent the cause to the jury, as to the bona fides of the sale under which the plaintiff claimed, and that the award of a new trial was proper. The defendant has called attention to various provisions of the statutes of New York, in reference to transfers by corporations in contemplation of insolvency, but the corporation which made the transfers in this instance was a foreign corporation,…
2Cases cited1 opinion
- Worthington Co. v. Pfister Book-Binding Co.The Superior Court of the City of New York and Buffalo · 1893