Legal Opinion

Smith v. . Perine

New York Court of Appeals

Decided June 3, 1890PublishedCited by 8 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made the first Tuesday of June, 1888, which affirmed a judgment in favor of the defendant, 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 the first Tuesday of June, 1888, which affirmed a judgment in favor of the defendant, 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. Henry W. Ferine must be deemed to have intended the necessary and inevitable; consequence of this act of executing and putting upon record this mortgage; and that was to withdraw from his assignment: then contemplated by this fictitious…

1Opinion of the Court

Ruger, Ch. J.

This action is brought for the purpose of vacating a general assignment made for the benefit of creditors, by the defendant Ferine to the defendant Parkhurst, upon the ground that the same was made with the intent to hinder, delay and defraud creditors. Flo claim was made on the argument that the assignment was fraudulent by reason of any special provisions therein ; but it was sought to derive a fraudulent intent in making it, from certain transfers of property and mortgages, made by the assignor to some of his creditors immediately preceding the execution of the assignment. It…

2Cases cited1 opinion

  1. Lawrence v. . FoxNew York Court of Appeals · 1859

3Cited by8 opinions

  1. Clark v. LyonsNew York Supreme Court · 1902
  2. Mace v. ThayerAppellate Division of the Supreme Court of the State of New York · 1900
  3. Coleman v. HilerNew York Supreme Court · 1895
  4. Martin v. MartinSupreme Court of Missouri · 1926
  5. Clark v. HowardNew York Supreme Court · 1893

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