Rothschild v. . Mack
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial department, entered upon an order made October 22, 1886, which affirmed a judgment in favor ■of plaintiffs, entered upon a, decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial department, entered upon an order made October 22, 1886, which affirmed a judgment in favor ■of plaintiffs, entered upon a, decision of the court on trial at Special Term. This action was brought to compel defendant, as assignee of the firm of Rindskopf Bros. & Co., to apply in payment and éxtinguisliment of plaintiffs’ indebtedness to defendant, as such assignee, so much of plaintiffs’ claim against his assignors as should be necessary for that purpose, and to enjoin him from disposing of the account against…
1Opinion of the CourtPeckham, J.
It is impossible to escape the conclusion that a gross fraud .was perpetrated upon the plaintiffs by the firm of Rindskopf Bros. & Co., in the transaction which led to their obtaining on the eve of their failure from the plaintiffs, by reason of the note in question, the sum of nearly $5,000. The court has not, in so many words, found that the representations were fraudulent, but the specific facts that were found lead to no other inference, and they cannot be squared with an honest.purpose on the part of the defendant’s assignors. And when the evidence is examined the inference as to the…
2Cases cited6 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Marsh v. FalkerNew York Court of Appeals · 1869
- Smith v. . FeltonNew York Court of Appeals · 1871
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Chance v. Isaacs & SmythNew York Court of Chancery · 1836
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3Cited by70 opinions
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Fera v. . WickhamNew York Court of Appeals · 1892
- Hadcock v. . OsmerNew York Court of Appeals · 1897
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