Pohalski v. Ertheiler
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the' General Term of the City Court of Hew York,, which affirmed a judgment for the defendants rendered at Trial Term- upon a verdict in their favor.
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Appeal by the plaintiff from a judgment of the' General Term of the City Court of Hew York,, which affirmed a judgment for the defendants rendered at Trial Term- upon a verdict in their favor. Action against the indemnitors of the sheriff, as.substituted defendants, to recover specific merchandise, consisting of a quantity of cigars, which was alleged to be the property of the plaintiff, and to have'been wrongfully taken from her possession, the defense being that the plaintiff acquired possession of the merchandise under a sale'made with intent on the part of the seller to defraud his…
1Opinion of the CourtBischoff, J.
Upon evidence the sufficiency of which to warrant a finding that the sale of the cigars to the plaintiff was made hy the debtor with intent to defraud his creditors, and that the plaintiff had notice of such intent, is not contested upon this appeal, the issues were submitted to the jury, and by the latter resolved for the defendant. Hence, though the plaintiff may have been a purchaser for value, the sale was void as to such creditors. 11 R. S. (Banks & Bros., 9th ed., p. 1887, §§ 1, 4, 5.
The judgment is, however, assailed for certain alleged errors in (1) the admission of evidence at the…
2Cases cited9 opinions
- Parker v. . ConnerNew York Court of Appeals · 1883
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- Bosley v. National MacHine Co.New York Court of Appeals · 1890
- Walker v. . DunspaughNew York Court of Appeals · 1859
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3Cited by1 opinion
- Corotinsky v. MaiminAppellate Terms of the Supreme Court of New York · 1902