Legal Opinion

Roberts v. Vietor

New York Supreme Court

Decided November 15, 1889Published

Appeal from judgment on report of referee. Action by Ellis H. Roberts & Co. against George F. Vietor and others. From a judgment sustaining a general assignment for the benefit of creditors, made by defendants Buckley & Co. to defendant Bulger, the defendants George F. Vietor and others appeal.

1Opinion of the CourtMartin, J.

The primary object of this action was to set aside a general assignment for the benefit of creditors made by the defendants Buckley and Shirley to the defendant Bulger. On the trial the appellants sought to impeach the assignment as fraudulent and void, on the grounds (1) that on its face it preferred a debt of L. Cohn, agent or individually, thus failing to show the creditor intended to be preferred; (2) that Cohn was not a creditor of Buckley & Co.; (3) that the debt of Chloe Spencer, which was preferred, was the individual debt of Shirley; (4) that the debt of Adel i a J. Sparks, which was…

2Cases cited9 opinions

  1. Williams v. . WhedonNew York Court of Appeals · 1888
  2. Saunders v. . ReillyNew York Court of Appeals · 1887
  3. Crook v. . RindskopfNew York Court of Appeals · 1887
  4. Royer Wheel Co. v. . FieldingNew York Court of Appeals · 1886
  5. Richardson v. . ThurberNew York Court of Appeals · 1887

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