Evans v. Sims
New York Supreme Court
Appeal from judgment on report of referee. Action by Samuel S. Evans, Jr., who sues in behalf of himself and all other judgment creditors of Edward H. Sims, similarly situated, who may join in the action, against Edward H. Sims and others, to set aside a bill of sale executed by defendant Edward H. Sims to defendants Calvin B. Sims and Fred H. Young, dated August 1,1891, and a general assignment made by said Edward H. Sims to defendant William F. Her, dated August 7,1891, as…
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Appeal from judgment on report of referee. Action by Samuel S. Evans, Jr., who sues in behalf of himself and all other judgment creditors of Edward H. Sims, similarly situated, who may join in the action, against Edward H. Sims and others, to set aside a bill of sale executed by defendant Edward H. Sims to defendants Calvin B. Sims and Fred H. Young, dated August 1,1891, and a general assignment made by said Edward H. Sims to defendant William F. Her, dated August 7,1891, as fraudulent and void. There was a judgment in favor of plaintiff, and defendants appeal.
1Opinion of the CourtPutnam, J.
On the 1st day of August, 1891, the defendant Edward H. Sims was insolvent. He owned property consisting of *260goods, accounts, and assets in Ms store in Troy, N. Y., of the value of over $70,000, and was indebted to an amount exceeding $123,000. Shortly before the date above mentioned, being unable to meet his obligations, he had a consultation with his-brother, Calvin B. Sims, his bookkeeper, Fred H. Young, and one MclSfutt, Ms attorney. At that interview a general assignment was suggested to said Edward, but he wished to prefer debts to the amount of $50,000 (over one-third of his property),…
Also in this document: Concurrence.
2Cases cited6 opinions
- Baldwin v. . ShortNew York Court of Appeals · 1891
- Petrie v. WilliamsNew York Supreme Court · 1893
- Loeschigk v. . BridgeNew York Court of Appeals · 1870
- Scofield v. SpauldingNew York Supreme Court · 1889
- Downing v. KellyNew York Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re McGeeAppellate Division of the Supreme Court of the State of New York · 1896