Mathews v. Hardt
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Armitage Mathews, as trustee in bankruptcy of the Clinton H. Smith Company, against Engelbert Hardt and others. From a judgment setting aside a transfer as fraudulent and constituting a preference, and appointing a referee to find the value of the property transferred (76 N. Y. Supp. 134), the defendants appeal.
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Appeal from special term, New York county. Action by Armitage Mathews, as trustee in bankruptcy of the Clinton H. Smith Company, against Engelbert Hardt and others. From a judgment setting aside a transfer as fraudulent and constituting a preference, and appointing a referee to find the value of the property transferred (76 N. Y. Supp. 134), the defendants appeal. In pursuance of a petition filed on December 26, 1900, by certain creditors of the Clinton H. Smith Company, that corporation was duly adjudicated bankrupt, and the plaintiff was appointed trustee, and brought this action to set…
1Opinion of the CourtO’Brien, J.
It is important at the outset to determine what rights the defendant acquired under the oral agreement which the court, upon sufficient evidence, found was made between the Smith corporation and the firm of Hardt, Von Bernuth & Co. Some point is made that the agreement was not that of the corporation, because it was not evidenced by a formal resolution of the board of directors, or by vote of the stockholders. It was, however, made by the president of the company. Under it the moneys were obtained by which the latter was enabled to do business, and therefore, being a contract within the scope…
2Cases cited21 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Southard v. . BennerNew York Court of Appeals · 1878
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Wilson v. NelsonSupreme Court of the United States · 1901
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- Long v. Farmers' State BankCourt of Appeals for the Eighth Circuit · 1906
- In re HuntDistrict Court, N.D. New York · 1905
- Bank of Buffalo v. Aetna Indemnity Co.Supreme Court of Connecticut · 1916
- Johnston v. Huff, Andrews & Moyler Co.Court of Appeals for the Fourth Circuit · 1904
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