First National Bank v. Bard
New York Supreme Court
Appeal from special term, New York county. Action by the First National Bank of Jersey City against Frederic B. Bard,' individually and as assignee of the firm of Clarke, Radcliffe & Co. and others, judgment creditors of said firm, and also the partners composing the firm.
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Appeal from special term, New York county. Action by the First National Bank of Jersey City against Frederic B. Bard,' individually and as assignee of the firm of Clarke, Radcliffe & Co. and others, judgment creditors of said firm, and also the partners composing the firm. Plaintiff appeals from so much of each of the judgments in the actions as dismissed the complaint therein as against the defendants Kenyon, Carter, Shepard, and Walker, judgment creditors of Clarke, Radcliffe & Co. Laws N. Y. 1887, c. 503, provides: “In all general assignments of the estates of debtors for the benefit of…
1Opinion of the CourtO’Brien, J.
The plaintiff is a judgment creditor of the firm of Clarke, Radcliffe & Co., and brings this action against that firm, its general assignee for the benefit of creditors, and five of its judgment creditors by confession, to set aside said assignment and judgments as fraudulent and void, on the ground that all the defendants entered into a fraudulent combination among themselves to hinder, delay, and defraud the plaintiff and other creditors of said firm, and to evade the provisions of chapter 503 of the Laws of 1887, prohibiting preferences in assignments for the benefit of creditors exceeding…
2Cases cited8 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- White v. CotzhausenSupreme Court of the United States · 1889
- Abegg v. SchwabNew York Supreme Court · 1890
- Spellman v. FreedmanNew York Supreme Court · 1889
- Stein v. LevyNew York Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.Supreme Court of Missouri · 1895
- White v. BenjaminThe Superior Court of the City of New York and Buffalo · 1893
- Hyman v. BarmonWashington Supreme Court · 1893
- Tompkins v. HunterNew York Supreme Court · 1893
- Central Nat. Bank v. SeligmanNew York Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.