O'Brien v. East River Bridge Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Miles M. O’Brien and James G. Cannon, 'as receivers of the Madison Square Bank, from a judgment of the Supreme' Court in favor of the defendant, entered in the office of the clel’k-of the county of New York on the 1st day of June, 1898, upon the report of a referee dismissing the complaint upon the merits.
1Concurrence
McLaughlin, J. (concurring) :
I concur in the opinion of Mr. Justice Patterson. The statute under consideration is a beneficial one and its effect should not be *24destroyed by a narrow, technical or forced construction. The object to be accomplished by it is to secure equality among all the creditors of a corporation and to prevent fraudulent transfers in derogation or in fraud of their rights. To that end the statute provides that “no conveyance, assignment or transfer of any property of any such corporation by it or by any officer, director or stockholder thereof, nor any payment made,…
2Cases cited6 opinions
- Coats v. . DonnellNew York Court of Appeals · 1883
- Varnum v. . HartNew York Court of Appeals · 1890
- Throop v. Hatch Lithographic Co.New York Court of Appeals · 1891
- Harris v. ThompsonNew York Supreme Court · 1853
- Sibell v. . RemsenNew York Court of Appeals · 1865
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