Legal Opinion

Hatch v. Heinze

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1916PublishedCited by 3 opinions

Appeal by the plaintiffs, Henry P. Hatch and another, from an interlocutory 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 1st day of November, 1915, sustaining the demurrers of the respondents to the complaint.

1Opinion of the Court

Smith, J.:

The complaint is brought by a copartnership, which is a judgment creditor of an insolvent firm composed of the defendants Otto 0. Heinze, Arthur P. Heinze and Max H. Schultze, against certain corporate and individual defendants, to whom it is claimed the assets of the Heinze firm were fraudulently conveyed, and the relief demanded is the avoidance of these transfers, a decree that the defendants render an account of the property received and an order restraining the defendants from disposing of the property.

The five corporate defendants demurred to the complaint on the grounds that…

2Cases cited2 opinions

  1. Brinkerhoff v. BrownNew York Court of Chancery · 1822
  2. Reed v. StrykerNew York Court of Appeals · 1858

3Cited by3 opinions

  1. Sherwood v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1917
  2. Meyer, Connor & Co. v. United Founders Corp.Appellate Division of the Supreme Court of the State of New York · 1933
  3. Cullen v. WalshNew York Supreme Court · 1916

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