Bostwick v. . Menck
New York Court of Appeals
Appeal from a judgment of the General Term of the New York Common Pleas, affirming a judgment below in favor of the plaintiff. The action was brought to set aside a fraudulent assignment made by Andrew Beiser, on the 6th day of January, 1857, to the defendant, Henck.
Read the full summary
Appeal from a judgment of the General Term of the New York Common Pleas, affirming a judgment below in favor of the plaintiff. The action was brought to set aside a fraudulent assignment made by Andrew Beiser, on the 6th day of January, 1857, to the defendant, Henck. On the 27th day of January, 1857, one Dolan recovered a judgment against Beiser, for the sum of $201.60; and execution having been returned unsatisfied upon that judgment, and supplementary proceedings being thereupon instituted, the plaintiff was, on the 4th of March, 1857, appointed receiver. In an action brought by him to set…
1Opinion of the Court
The finding that the four notes given by Beiser to Menck, the payment of which was preferred in the assignment, were fictitious, made the assignment fraudulent and void as to the creditors of Beiser, and sustains the judgment in this respect The rulings as to the competency of evidence upon the other issues affecting the validity of the assignment did not prejudice the appellant, as the assignment must be adjudged void as to creditors, irrespective of these issues; the exceptions taken to these rulings need not, therefore, be examined. The appointment of the plaintiff as receiver of Beiser,…
2Cases cited1 opinion
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
3Cited by41 opinions
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Wright v. . NostrandNew York Court of Appeals · 1883
- Ward v. . PetrieNew York Court of Appeals · 1898
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- Underwood v. . SutcliffeNew York Court of Appeals · 1879
36 more not listed; retrieve them via the Exa API.