Kobre Assets Corp. v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hyman D. Baker, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of November, 1916, denying his motion for judgment on the pleadings, consisting of an amended complaint and answer.
1Opinion of the Court
Laughlin, J.:
The point presented by the motion was whether a cause of action is stated against appellant, and as I view it that presents ultimately two questions of law. They are whether a liquidating trustee to wnom tne assets or a Danirrunt are *63transferred pursuant to a composition agreement duly approved by the Federal court is a trustee for creditors and authorized by section 19 of the Personal Property Law (Consol. Laws, chap. 41; Laws of 1909, chap. 45) to maintain an action to set aside a fraudulent transfer by the alleged bankrupt, notwithstanding the provisions of subdivision c of…
2Cases cited9 opinions
- Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
- Southard v. . BennerNew York Court of Appeals · 1878
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- Bostwick v. . MenckNew York Court of Appeals · 1869
- Ullman v. . CameronNew York Court of Appeals · 1906
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3Cited by1 opinion
- Jacobs v. FensterstockNew York Supreme Court · 1922