Knapp v. . McGowan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 26, 1883, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The act of defendant Roche in making the assignment was an act of voluntary bankruptcy and an admission of insolvency.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 26, 1883, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The act of defendant Roche in making the assignment was an act of voluntary bankruptcy and an admission of insolvency. (Curtis v. Leavitt, 15 1ST. Y. 131.) The deed of trust from Roche to McGowan is fraudulent and void on its face as against the creditors of Roche. (Macíde v. Cairns, 5 Cow.…
1Opinion of the Court
Eab.t,; J.
In November, 1871, the defendant Boche was both trustee and vice-president of the Guardian Savings Institution, and also of the Bowling Green Savings Bank, institutions located in the city of New York. Both failed in that month and the plaintiff was appointed receiver of the latter, and the defendant Quinlan of the former. On the 24th day of January, 1872, the defendant Boche executed and delivered to the defendants Quinlan, Lynch and Develin a trust deed, conveying to them certain real estate situated in the city of New York, particularly described therein, upon the following…
2Cases cited6 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Tiemeyer v. . TurnquistNew York Court of Appeals · 1881
- Barney v. . GriffinNew York Court of Appeals · 1849
- Leavitt v. . BlatchfordNew York Court of Appeals · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Crook v. . RindskopfNew York Court of Appeals · 1887
- Delaney v. . ValentineNew York Court of Appeals · 1898
- People v. . Mercantile Credit Guarantee Co.New York Court of Appeals · 1901
- Dodge v. . McKechnieNew York Court of Appeals · 1898
21 more not listed; retrieve them via the Exa API.