Legal Opinion

McGratty v. Krantz Manufacturing Co.

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

Decided May 10, 1918Published

Separate appeals by the defendants, Krantz Manufacturing Co., Inc., and Franklin E. Weaver and William E. Rice, individually and as surviving members of the committee of the creditors of H. Krantz Manufacturing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of March, 1918, directing judgment for the plaintiffs on the pleadings and overruling demurrers to the…

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Separate appeals by the defendants, Krantz Manufacturing Co., Inc., and Franklin E. Weaver and William E. Rice, individually and as surviving members of the committee of the creditors of H. Krantz Manufacturing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of March, 1918, directing judgment for the plaintiffs on the pleadings and overruling demurrers to the complaint,

1Opinion of the Court

Jenks, P. J.:.

To carry out a scheme of reorganization through a committee to whom the plaintiffs and other creditors had assigned absolutely theretofore their respective claims against the Krantz Manufacturing Company, under which scheme the committee reorganized that corporation, lifted it out of bankruptcy and transferred the said claims to the new corporation, notes of the new corporation were to be made and delivered to the respective creditors. The plaintiffs complain that the notes, although demanded and due, have never been delivered, and sue the persons who composed the committee,…

2Cases cited5 opinions

  1. Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
  2. Clarke v. WhiteSupreme Court of the United States · 1838
  3. Satterlee v. . KobbeNew York Court of Appeals · 1903
  4. Morgan v. . Bon Bon Co.New York Court of Appeals · 1917
  5. Rogers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903

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