Wile v. Cauffman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Cauffman, as guardian of David Gauffman, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 29th day of July, 1898, upon the decision of the court rendered after a trial at the Monroe Special Term overruling the demurrer interposed by said defendant to the plaintiff’s complaint.
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Appeal by the defendant, Joseph Cauffman, as guardian of David Gauffman, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 29th day of July, 1898, upon the decision of the court rendered after a trial at the Monroe Special Term overruling the demurrer interposed by said defendant to the plaintiff’s complaint. It is alleged in the complaint that Joseph Cauffman and Meyer Dinkelspiel for several years prior to May 3, 1898, were partners-under the firm name of Cauffman & Dinkelspiel, engaged in the…
1Opinion of the Court
Follett, J.:
The appellant demurred on two grounds: (1) “That two or more causes of action have been improperly united.” (2) “ That the complaint does not state facts sufficient to constitute a cause of action.”
The second ground of demurrer will be first considered. The power of an assignee, for the benefit of creditors, to maintain an action to set aside fraudulent transfers of personalty made by his insolvent assignor, in fraud of the rights of creditors, is conferred by section 7 of chapter 417 of the Laws of 1897 (the Personal Property Law), and the same power is conferred in respect to…
2Cases cited6 opinions
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- O'Brien v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1896
- Spelman v. . FreedmanNew York Court of Appeals · 1892
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1896
- Crisfield v. BogardusNew York Supreme Court · 1887
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