Third National Bank v. Guenther
New York Court of Appeals
Appeal under section 1336 of the Code of Civil Procedure from a final judgment of the Superior Court of the city of Buffalo, in favor of plaintiff, entered upon an order of Special Term, made December 31, 1888, after an affirmance by the General Term of said court of an interlocutory judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal under section 1336 of the Code of Civil Procedure from a final judgment of the Superior Court of the city of Buffalo, in favor of plaintiff, entered upon an order of Special Term, made December 31, 1888, after an affirmance by the General Term of said court of an interlocutory judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. When an assignment for the benefit of creditors is assailed on the ground of fraud, the fraud is to be proved and not presumed, and it is found legitimately from evidence that will…
1Opinion of the CourtO’Brien, J.
This action was brought by the plaintiff, a judgment-creditor of the defendant Georgianna J. Guenther, to annul and set aside as fraudulent and void a general assignment for the benefit of creditors, with preferences made by said Georgianna to the defendant, John L. Homer, on the 8th day of May, 1883, and also a mortgage for the sum of $5,545.58, covering real estate, made by her on the sam'e day to her husband, John G. Guenther, and John Dunbar, as executors of the last will of her father, Henry T. Gillett, who died in the year 1874. The referee to whom the case was referred sustained the…
2Cases cited5 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Abbey v. . DeyoNew York Court of Appeals · 1871
- Foster v. . PerschNew York Court of Appeals · 1877
- Merchant v. BunnelNew York Court of Appeals · 1867
- Romer v. KochNew York Supreme Court · 1888
3Cited by20 opinions
- Haas v. HaasNew York Court of Appeals · 1948
- Manufacturers Trust Co. v. GrayNew York Court of Appeals · 1938
- Ritchie v. . WhiteSupreme Court of North Carolina · 1945
- Ritchie v. WhiteSupreme Court of North Carolina · 1945
- Spalding v. SpaldingIllinois Supreme Court · 1935
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