Booth v. . Bunce
New York Court of Appeals
Appeal from a judgment in favor of the plaintiff, and from an order refusing a new trial at the General Term of the Supreme Court of the second district. In 1854, William Montgomery, William Garrahrant and Isaac Beeve, were partners, under the name of William Montgomery & Co., in the manufacture of steam engines and machinery, at Yonkers, Westchester county.
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Appeal from a judgment in favor of the plaintiff, and from an order refusing a new trial at the General Term of the Supreme Court of the second district. In 1854, William Montgomery, William Garrahrant and Isaac Beeve, were partners, under the name of William Montgomery & Co., in the manufacture of steam engines and machinery, at Yonkers, Westchester county. On the 1st January, 1855, Beeve sold out his interest in the co-partnership to his partners, taking their notes for the price. These notes were secured by mortgage on the partnership property, which mortgage was duly filed. ^ Subsequently…
1Opinion of the CourtMullin, J.
When this case was before this court, on a former appeal, two questions seem to have been settled: 1st. That it was competent for the defendants to prove by way of defense to this action, that if the corporation was organized and the business thereafter carried on in its name, with the design of cheating and defrauding the creditors of William Montgomery or William Montgomery & Go., such organization and proceeding was absolutely void as against such creditors, and that a sale and purchase of the property in question by such a creditor would have given him title thereto, as against a creditor…
2Cited by9 opinions
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- Gerding v. . HaskinNew York Court of Appeals · 1894
- Pagnillo v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Gilmour v. . ColcordNew York Court of Appeals · 1906
- Cash v. DiamondCity of New York Municipal Court · 1955
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