Ellis H. Roberts & Co. v. Vietor
New York Supreme Court
Appeal by certain of the defendants, composing the firm of Frederick Yietor & Achelis, from a judgment which was entered, upon the report of a referee, in the office of the clerk of Onondaga county on the 3d day of July, 1888.
1Opinion of the Court
Martin, J.:
The primary object of this action was to set aside a general assignment for the benefit of creditors, made by the defendants Buckley and Shirley to the defendant Bulger.
On the trial the appellants sought to impeach the assignment as fraudulent and void on the grounds: 1. That on its face it preferred a debt of L. Cohn, agent or individually, thus failing to show the creditor intended to be preferred. 2. That Cohn was not a creditor of Buckley & Co. 3. That the debt of Chloe Spencer, which was preferred, was the individual debt of Shirley. 4. That the debt of Adelia J. Sparks, which…
2Cases cited7 opinions
- Richardson v. . ThurberNew York Court of Appeals · 1887
- Beards v. . WheelerNew York Court of Appeals · 1879
- Stanton v. . WestoverNew York Court of Appeals · 1886
- Kavanagh v. BeckwithNew York Supreme Court · 1865
- Maack v. MaackNew York Supreme Court · 1888
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