Hickok v. . Cowperthwait
New York Court of Appeals
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 2, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 2, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. William H. Aymar has a valid lien on sixty shares of the Brooklyn Factory and Power Company, Limited, stock and on fifty shares of the Brooklyn Chair Company stock as security for the unpaid portion of his loan, and was entitled to keep…
1Opinion of the CourtMiller, J.
These are two judgment creditors’ actions tried together to set aside as fraudulent certain transfers of stock by the defendant Frank H. Oowperthwait to his son, the defendant Frederick S. Oowperthwait, as trustee. The trial court found that the transfers were made with the intent and purpose on the part of the Cowperthwaits to hinder, delay and defraud the creditors of Frank. We have reached the conclusion that there was at least some evidence tending to prove the fraudulent intent of both. A serious question arising upon the exclusion of evidence might have been presented by their appeal…
2Cases cited3 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Lehrenkrauss v. . BonnellNew York Court of Appeals · 1910
- Hickok v. CowperthwaitAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by16 opinions
- Wightman v. American National Bank of RivertonWyoming Supreme Court · 1980
- Miller v. Wells Fargo Bank International Corp.District Court, S.D. New York · 1975
- McCoy v. American Express Co.New York Court of Appeals · 1930
- Irving Trust Co. v. Commercial Factors CorporationCourt of Appeals for the Second Circuit · 1934
- Frank v. . Von BayerNew York Court of Appeals · 1923
11 more not listed; retrieve them via the Exa API.