Assets Collecting Co. v. Myers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Emanuel J. Myers and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 15th day of April, 1914, denying their motion for a judgment on the pleadings. The venue of the action was thereafter and on the 8th day of May, 1914, changed to New York county.
1Opinion of the Court
Clarke, J.:
The second amended complaint alleges that the defendants fraudulently, maliciously and willfully conspired together to ruin and injure and to cheat and defraud Otto Heinze & Co. in its business and property and business credit by causing three fictitious claims to be assigned in form but not in substance to three dummies, caused a petition in bankruptcy to be filed by their three dummies in which a false oath was knowingly and fraudulently made that they were creditors of Otto Heinze & Co.; and that the three claims had been assigned to them by the original owners; that the…
2Cases cited2 opinions
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Brown v. FeeterNew York Supreme Court · 1831
3Cited by18 opinions
- Schaefer v. O. K. Tool Co., Inc.Supreme Court of Connecticut · 1930
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
- In Re ModellCourt of Appeals for the Second Circuit · 1934
- In re Remy Sportswear, Inc.New York Court of General Session of the Peace · 1959
- Chance v. Guaranty Trust Co.New York Supreme Court · 1937
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