Throop v. Hatch Lithographic Co.
New York Supreme Court
Appeal from special term, Hew York county. Action by Enos T. Throop against the Hatcli Lithographic Company. From an order vacating a warrant of attachment obtained by plaintiff against defendant’s property, plaintiff appeals.
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Appeal from special term, Hew York county. Action by Enos T. Throop against the Hatcli Lithographic Company. From an order vacating a warrant of attachment obtained by plaintiff against defendant’s property, plaintiff appeals. Rev. St. N. Y. pt. 1, c. 18, tit. 4, § 4, (volume 2, 7th Ed., p. 1534,) provides as follows: “ Whenever any incorporated company shall have refused the payment of any of its notes, or other evidence of debt, in specie, or lawful money of the United States, it shall not be lawful for such company, or any of its oilicers, to assign or transfer any of the property or…
1Opinion of the CourtVan Brunt, P. J.
The plaintiff was a trustee and stockholder of the defendant company, which, for many months prior to the application for the attachment in question, was hopelessly insolvent, and, being a creditor of the corporation, commenced this action, and obtained an attachment against the defendant upon the ground that it had unlawfully assigned, disposed of, and secreted its property, and was about to unlawfully assign, dispose of, and secrete its property, with intent to defraud its creditors. A motion was made to vacate this attachment upon the ground that the plaintiff, being a stockholder and…
2Cases cited1 opinion
- Varnum v. . HartNew York Court of Appeals · 1890
3Cited by4 opinions
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- O'Brien v. East River Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Jefferson County National Bank v. TownleyNew York Supreme Court · 1895
- O'Brien v. East River Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1898