Birdsall, Waite & Perry Manufacturing Co. v. Schwarz
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment, dismissing the complaint as to the assignment on the merits, and as to the conveyance on the ground that°it could he attacked only by the assignee.
1Opinion of the CourtHatch, J.
This action is in the nature of a creditors’ bill, filed by three judgment creditors of George Schwarz and others, composing a firm doing business under the name of the Brooklyn *25Carriage & Harness Company, and seeks, as a result, to set aside the general assignment executed by the judgment debtors on October 22, 1894, to the defendant Mayer for the benefit of creditors, and also to set aside a conveyance of real estate executed by the defendant George Schwarz to his wife Barbara, on October 19, 1894. Both of these instruments are attacked as being fraudulent and void, in that they were…
2Cases cited9 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Crook v. . RindskopfNew York Court of Appeals · 1887
- Royer Wheel Co. v. . FieldingNew York Court of Appeals · 1886
- Drucker & Brother v. Wellhouse & SonsSupreme Court of Georgia · 1888
- Ex parte HopkinsIndiana Supreme Court · 1885
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