Benedict v. . Deshel
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1902, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1902, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Proof of actual intent to prefer Deshel & Co. on the part of the Union Cloak and Suit Company, the bankrupt, was not requisite to establish plaintiff’s case and the charge of the trial justice to such effect was a reversible error. (Crooks v. P. Nat. Bank, 46 App.…
1Opinion of the CourtWebber, J.
This action was brought by the plaintiff as trustee in bankruptcy of the Union Cloak and Suit Company, a domestic corporation, to recover from the defendants, who were creditors of that corporation, certain moneys paid by it to them in alleged violation of the provisions of the Bankruptcy Act relating to preferences. At the Trial Term the defendants had a verdict and the judgment entered upon it was affirmed at the Appellate Division. The order of affirmance is not in the record, but there is evidence to support the contentions of fact advanced by the defendants, so that, if the case was…
2Cases cited4 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Wilson v. City BankSupreme Court of the United States · 1873
- Mays v. FrittonSupreme Court of the United States · 1874
- York v. . CondeNew York Court of Appeals · 1895
3Cited by13 opinions
- Kimmerle v. FarrCourt of Appeals for the Sixth Circuit · 1911
- Debus v. YatesDistrict Court, E.D. Kentucky · 1910
- Parker v. BlackDistrict Court, W.D. New York · 1906
- Wilson v. Mitchell-Woodbury Co.Massachusetts Supreme Judicial Court · 1913
- In re Virginia Hardwood Mfg. Co.District Court, W.D. Arkansas · 1905
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