Crook v. . Rindskopf
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the .first judicial department, made October 15,1884, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 34 ITun, 457.) This action was brought by plaintiff, as a judgment-creditor of the firm of Rindskopf & Rosenthal, to set aside an assignment by the members of that firm for the benefit of creditors on the ground of fraud.
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Appeal from order of the General Term of the Supreme Court in the .first judicial department, made October 15,1884, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 34 ITun, 457.) This action was brought by plaintiff, as a judgment-creditor of the firm of Rindskopf & Rosenthal, to set aside an assignment by the members of that firm for the benefit of creditors on the ground of fraud. The material facts are stated in the opinion. As the provision in the assignment providing for distribution among the creditors of…
1Opinion of the Court
Ruger, Ch. J.
On the 23d of October, 1882, Leopold Bindskopf and Meyer Bosenthal, composing the firm of Bindskopf & Bosenthal, executed an assignment of all their property, both real and personal, in trust to Abraham Bosenthal to convert the same into money, and after paying the lawful expenses of the trust to pay their partnership debts in the order specified in the instrument. It then provided “ that with the remainder and residue of said net proceeds and avails, if any there shall be, the party of the second part shall pay and discharge all the individual and private debts of the parties of…
2Cases cited14 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Bagley v. . BoweNew York Court of Appeals · 1887
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Hunt v. . JohnsonNew York Court of Appeals · 1870
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
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3Cited by25 opinions
- TD Bank NA v. Vernon Hill, IICourt of Appeals for the Third Circuit · 2019
- Bernheimer v. . RindskopfNew York Court of Appeals · 1889
- Citizens' Bank v. . WilliamsNew York Court of Appeals · 1891
- A. Doykos & T. Pappas, Inc. v. LeventhalMassachusetts Supreme Judicial Court · 1935
- Fairchild v. Gray, New York County Courts1930
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