Varnum v. . Hart
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, which modified and affirmed as modified a judgment in favor of plaintiff against the defendants, Hart, Ellwanger and Atkinson, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, which modified and affirmed as modified a judgment in favor of plaintiff against the defendants, Hart, Ellwanger and Atkinson, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as receiver of the Evening Express Printing Company, against said defendants and defendant Miller, to have adjudged void and to set aside judgments obtained by said defendants against the insolvent corporation, and to compel the defendants to refund the proceeds of the sale…
1Opinion of the CourtEarl, J.
To maintain this action it must be held that the judgments against the Evening Express Printing Company and the sale of its property under the executions issued thereupon worked a transfer of the property of the corporation in violation of the provisions of the Revised Statutes which declare that “ whenever any incorporated company shall have refused the payment of any of its notes or other evidence of debt in specie or lawful money of the United States, it shall not be lawful for such company or any of its officers to assign or transfer any of the property or dioses in action of such company…
2Cases cited2 opinions
- Walling v. . MillerNew York Court of Appeals · 1888
- Van Alstyne v. . CookNew York Court of Appeals · 1862
3Cited by36 opinions
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Moore v. . PotterNew York Court of Appeals · 1898
- Throop v. Hatch Lithographic Co.New York Court of Appeals · 1891
- Conover v. HullWashington Supreme Court · 1895
- Braem v. Merchants' National BankNew York Court of Appeals · 1891
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