Benedict v. Deshel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plain tiff, Edward Gr. Benedict, as trustee in bankruptcy of the Hnion Cloak and Suit Company, bankrupt, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 31st day of March, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of April, 1902, denying the plaintiff’s motion for a new trial made upon the. minutes.
1Opinion of the Court
McLaughlin, J.:
On the 3d of July, 1901, the Union Cloak and Suit Company, a domestic corporation, was indebted to the defendants in this action in a sum upwards of $1,500, and on that day it assigned to them, to-apply on such claim, all of its interest in the sum of $1,000, which it had previously deposited, for a specified purpose, with the United States Fidelity and Guaranty Company. This sum the defendants subsequently received from the Fidelity and Guaranty Company.
On the 22d of July, 1901, a petition in involuntary bankruptcy was filed against the Union Cloak and Suit Company, and on the…
2Cases cited2 opinions
- Read v. . NicholsNew York Court of Appeals · 1890
- Crooks v. People's National Bank of MaloneAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Nesbit v. JencksAppellate Division of the Supreme Court of the State of New York · 1903
- Connor v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Perry v. BoothAppellate Division of the Supreme Court of the State of New York · 1903
- Perry v. BoothAppellate Division of the Supreme Court of the State of New York · 1903