Vilas National Bank v. Newton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John M. Newton and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 22d day of July, 1897, upon the report of a referee setting aside and declaring void ¿ertain conveyances and transfers made by the defendants John M. Newton and Horace B. Newton, copartners, doing business under the firm name of Newton & Co.j to the defendant Mary T. Clark, because made with the…
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Appeal by the defendants, John M. Newton and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 22d day of July, 1897, upon the report of a referee setting aside and declaring void ¿ertain conveyances and transfers made by the defendants John M. Newton and Horace B. Newton, copartners, doing business under the firm name of Newton & Co.j to the defendant Mary T. Clark, because made with the intent to hinder, delay or defraud the plaintiff, a judgment creditor of Newton & Go.
1Opinion of the Court
Landon, J. :
May 20, 1891, John M. Newton and Horace B. Newton, composing the firm of Newton & Co., conveyed and transferred all the firm property, real and personal, to Mary T. Clark, the mother-in-law of John M. Newton, for the consideration, as expressed in the conveyances and transfers, of $12,298, money theretofore loaned by said Mary T. Clark to Newton & Co. Newton & Co. were manufacturers of stove brick and fire linings in the city of Albany. The property transferred consisted of the plant and assets of the firm, and was, perhaps, worth $25,000 over and above the incumbrances thereon…
2Cases cited3 opinions
- Stearns v. . GageNew York Court of Appeals · 1879
- Baldwin v. . ShortNew York Court of Appeals · 1891
- Buell v. RopeAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Hawley v. HawleyAppellate Division of the Supreme Court of the State of New York · 1900
- Vilas Nat. Bank of Plattsburgh v. NewtonAppellate Division of the Supreme Court of the State of New York · 1898