Joseph v. Raff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Norman O. Raff, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of December, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, setting aside as void and fraudulent certain transfers and payments made to the defendant.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity by the trustee in bankruptcy of the Mutual Mercantile Agency for the rescission and cancellation of an' agreement entered into between the said company and the defendant on the 12th day of March, 1901, and to require the defendant to account for moneys and property received under said agreement. The complaint alleges that the contract was illegal, ultra vires, void and in fraud of creditors; and that the acceptance of the property by the defendant constituted a breach of trust, he being at the time the agreement was negotiated president and director of…
2Cases cited5 opinions
- Ogden v. . MurrayNew York Court of Appeals · 1868
- O'Brien v. . East River Bridge Co.New York Court of Appeals · 1900
- Third National Bank of Buffalo v. . ElliottNew York Court of Appeals · 1889
- King v. Union Iron Co.New York Supreme Court · 1890
- Queen v. WeaverAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by19 opinions
- In re Fechheimer Fisher Co.Court of Appeals for the Second Circuit · 1914
- In Re BernardCourt of Appeals for the Second Circuit · 1937
- Mooney v. Willys-Overland Motors, Inc.Court of Appeals for the Third Circuit · 1953
- In re Castle Braid Co.District Court, S.D. New York · 1906
- McCarty v. Nostrand Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1931
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