Gillett v. . Bate
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9, 1879, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. ^This action was brought by plaintiffs, as judgment creditors of defendant John J. Bate, to reach certain stock of the Bate Refrigerating Company issued to defendant Harriet R. Bate, the wife of said John J. Bate.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9, 1879, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. ^This action was brought by plaintiffs, as judgment creditors of defendant John J. Bate, to reach certain stock of the Bate Refrigerating Company issued to defendant Harriet R. Bate, the wife of said John J. Bate. The court found in substance that while Bate was indebted to plaintiffs, he was the owner of certain inventions for refrigerating…
1Opinion of the CourtAndrews, J.
This case comes here upon the findings of the judge and exceptions thereto, without the evidence, and it is therefore to be taken as true, as found, that the transfer by the judgment debtor to Wickes, and by him to Harriet ¡R. Bate, the judgment debtor’s wife, of two-thirds of the patent owned by him, and of his unpatented inventions, was made without consideration, and with intent to defraud his creditors. The corporation, the stock of which, issued to Harriet ¡R. Bate, is sought to be reached in this action, was organized by Wickes, the owner of one-third of the patent and inventions, and…
2Cases cited2 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- M'Dermutt v. StrongNew York Court of Chancery · 1820
3Cited by15 opinions
- Ager v. MurraySupreme Court of the United States · 1882
- Wilson v. Martin-Wilson Automatic Fire Alarm Co.Massachusetts Supreme Judicial Court · 1890
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
- Tolles v. WoodNew York Court of Appeals · 1885
- Continental National Bank v. MooreAppellate Division of the Supreme Court of the State of New York · 1903
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