French v. . Andrews
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 20, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to set aside and have declared illegal and void eleven judgments recovered by defendant against the James Vick, Seedsman, Company. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 20, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to set aside and have declared illegal and void eleven judgments recovered by defendant against the James Vick, Seedsman, Company. The facts, so far as material, are stated in the opinion. The act of giving the notes and obtaining judgments and executions thereon was substantially and purposely an attempt to evade the…
1Opinion of the CourtPeckham, J.
The plaintiff is the receiver of the James Vick, Seedsman, Company. The defendant was a creditor of that company and the debt was due in March, 1891. He was-unable to obtain payment in cash, and he took notes, which, when due, were not paid in full, and renewal was made, and on the 10th of September, 1891, the defendant held notes tO' the amount of $7,000, not yet due, representing that amount of the indebtedness of the company due to the defendant in the March preceding. The company also owed the defendant on that day over $3,000 on a current account then due. The defendant on that day also…
2Cases cited3 opinions
- Coats v. . DonnellNew York Court of Appeals · 1883
- Varnum v. . HartNew York Court of Appeals · 1890
- Throop v. Hatch Lithographic Co.New York Court of Appeals · 1891
3Cited by14 opinions
- Lopez v. . CampbellNew York Court of Appeals · 1900
- O'Brien v. . East River Bridge Co.New York Court of Appeals · 1900
- Jefferson County National Bank v. TownleyNew York Court of Appeals · 1899
- In re Muehlfeld & Haynes Piano Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Lopez v. Merchants & Farmer's National BankAppellate Division of the Supreme Court of the State of New York · 1897
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