Haas v. O'Brien
New York Court of Appeals
Louis Haas, as assignee in bankruptcy of P. Flanagan (adjudicated a bankrupt May 18, 1873), brought this action in the N. Y. superior court to set aside an assignment for benefit of creditors, made January 9, 1873, under the State law above mentioned. It did not appear from the appeal papers when the petition was filed, nor whether it was a voluntary or involuntary bankruptcy ; but it seems to have been conceded on the argument that the petition was filed in time.
Read the full summary
Louis Haas, as assignee in bankruptcy of P. Flanagan (adjudicated a bankrupt May 18, 1873), brought this action in the N. Y. superior court to set aside an assignment for benefit of creditors, made January 9, 1873, under the State law above mentioned. It did not appear from the appeal papers when the petition was filed, nor whether it was a voluntary or involuntary bankruptcy ; but it seems to have been conceded on the argument that the petition was filed in time. It was also admitted that the assignment was made in good faith.. The superior court held the assignment void, and defendant…
1Opinion of the Court
The Court (opinion by Miller, J.),
citing Tiffany v. Lucas, 15 Wall. 410; S. C., 8 Bankr. Reg. 49; Thrasher v. Bentley, reported at p. 39 of this vol.; Cook v. Rogers, 31 Mich. 391; Beck v. Parker, 65 Pa. St. 262; S. C., 3 Am. R. 625; Hawkins’ Appeal, 34 Conn. 548; Sedgwick v. Place, 1 Bankr. Reg. 204, 673; Langley v. Perry, 2 Id. 597; Mayer v. Hillman, 91 U. S. (1 Otto) 496; Smith v. Teutonia Ins. Co., 4 Chicago L. N. 130; In re Kintzing, 3 Bankr. Reg. 217; and disapproving (or distinguishing as founded partly on lack of evidence' of good faith), Foster v. Hackley, 2 Bankr. Reg. 406; Re…
2Cases cited7 opinions
- Tiffany v. LucasSupreme Court of the United States · 1873
- Hawkins's Appeal from ProbateSupreme Court of Connecticut · 1868
- Cook v. RogersMichigan Supreme Court · 1875
- In re GoldschmidtDistrict Court, S.D. New York · 1869
- In re BiningerU.S. Circuit Court for the District of Southern New York · 1870
2 more not listed; retrieve them via the Exa API.