Wills v. Venus Silk Glove Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Archibald Palmer, as trustee in bankruptcy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 9th day of March, 1915, upon the decision of the court rendered after a trial at the Kings County Special Term
1Opinion of the Court
Jenks, P. J.:
On May 1 and 2, 1914, the defendant corporation executed a mortgage to the plaintiff trustee for 5 years to secure 25 *353bonds of $1,000 each. Three months later a petition of involuntary bankruptcy was filed against the defendant corporation and in due course it was .adjudged a bankrupt. The foreclosure was authorized in case of an adjudication in bankruptcy. The Special Term found that insolvency was imminent at the time the corporate mortgage was made, but that neither it was made nor the bonds under it were delivered or accepted “with the intent of giving a preference to any…
2Cases cited9 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Sanford Fork & Tool Co. v. Howe Brown & Co.Supreme Court of the United States · 1895
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Swan v. StilesAppellate Division of the Supreme Court of the State of New York · 1904
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