Buell v. Rope
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William W. Rope and others, from' a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 6th day of December, 1894, upon the decision of the court rendered after a trial at the Kings County Special Term. ■ The action was brought to set aside certain transfers of real estate and personal property,, and also a general assignment for the benefit of creditors which were alleged to…
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Appeal by the defendants, William W. Rope and others, from' a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 6th day of December, 1894, upon the decision of the court rendered after a trial at the Kings County Special Term. ■ The action was brought to set aside certain transfers of real estate and personal property,, and also a general assignment for the benefit of creditors which were alleged to have been executed in fraud of creditors. The plaintiffs are, judgment creditors of Rope & Co., a firm of lumber dealers,…
1Opinion of the Court
Willard Bartlett, J.:
The long record in this case has been most carefully studied, and after reading it through from beginning to end, the impression left upon the mind is, for the most part, the same as that which it seems to have left upon the mind of the learned judge at Special Term. We do not think that the members of the firm of Rope & Co. ever contemplated any actual fraud upon their creditors, but it is difficult to resist the conclusion that they did mean to hinder and delay, until a more convenient season, the collection of the claims of those creditors who could not accommodate…
2Cases cited5 opinions
- McConnell v. . SherwoodNew York Court of Appeals · 1881
- Del Valle v. HylandNew York Supreme Court · 1894
- Warner v. LakeNew York Supreme Court · 1891
- Galle v. TodeNew York Supreme Court · 1891
- First Nat. Bank v. WoodNew York Supreme Court · 1895
3Cited by4 opinions
- Walworth Mfg. Co. v. BurtonAppellate Division of the Supreme Court of the State of New York · 1903
- In re CondonDistrict Court, S.D. New York · 1912
- Hinkley v. ReedAppellate Court of Illinois · 1899
- Vilas National Bank v. NewtonAppellate Division of the Supreme Court of the State of New York · 1898