Legal Opinion

King v. Baer

New York Supreme Court

Decided April 15, 1900Published

Action by judgment creditors to set aside a general assignment for the benefit of creditors. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtGtegebioh, J.

The action is brought by judgment creditors to set aside a general assignment for the benefit of creditors, made by the firm of Baer & Schwartz, of then® copartnership property, to the defendant Jacob Adler, on the 28th day of December, 1897, and to reach assets alleged to have been fraudulently diverted. It is insisted by the defendants that the plaintiffs-creditors have no standing to maintain this action, because their judgments against the assignors were obtained after service of the summons upon one only of the two defendants, and it is also urged that, for the failure of service of…

2Cases cited7 opinions

  1. Bridger v. . GoldsmithNew York Court of Appeals · 1894
  2. Sherman v. . ParishNew York Court of Appeals · 1873
  3. Produce Bank v. . MortonNew York Court of Appeals · 1876
  4. Kinnan v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.New York Court of Appeals · 1893
  5. Hiler v. HetterickNew York Court of Common Pleas · 1873

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