Legal Opinion

Birdsall, Waite & Perry Manufacturing Co. v. Schwarz

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898Published

Appeal "by the plaintiffs, the Birdsall, Waite & Perry Manufacturing Company and others, from a judgment of the Supreme Court in'favor of the defendants George Schwarz and Barbara Schwarz, entered in the office of the clerk of the county of Kings on the 24th day of May, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the corm plaint upon the merits as to said defendants. .

1Opinion of the Court

Hatch, J.:

This action is brought to set aside .certain deeds from George Schwarz to his wife, Barbara Schwarz, it being claimed that they were executed and delivered in fraud of the rights of creditors. This case has been before this court upon another appeal. (Birdsall Mfg. Co. v. Schwarz, 3 App. Div. 298.) We then held that the judgment creditors had sufficient standing to maintain an action to set aside the deeds, and reversed the judgment which dismissed the plaintiffs’ complaint upon the ground that the right of action was in the assignee of the Brooklyn Carriage and Harness Company, of…

2Cases cited3 opinions

  1. Coleman v. . BurrNew York Court of Appeals · 1883
  2. Commercial Bank of Rochester v. BoltonNew York Supreme Court · 1895
  3. Birdsal, Waite & Perry Manufacturing v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1896

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