Durant v. . Pierson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Hovember 24,1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint in this case does not state a cause of action.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Hovember 24,1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint in this case does not state a cause of action. (Cuyler v. McCartney, 40 N. Y. 221; Bullis v. Montgomery, 50 id. 352; Burrill on Assignments, § 404; Rathbone v. Hooney,. 58 N. Y. 464; Bigelow on Est. 143; Crook v. Rindskopf 105 N. Y. 446; Wood v. Amory, Id. 248.) A…
1Opinion of the CourtHaight, J.
This action was brought to set aside an assignment made by the defendant Henry It. Pierson, as survivor of the late firm of Henry It. Pierson & Son, to the defendant Bobert C. Pruyn, for the benefit of creditors, upon the ground that it was fraudulent and void as against the creditors of the-firm for the reason that it directed the payment to the National Commercial Bank of the sum of fifteen thousand dollars.
■ The referee has found as facts that Henry B. Pierson, the elder, died on the 1st day of January, 1890, leaving the defendant Henry B. Pierson, his son, as the sole surviving member of…
2Cases cited13 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Hall v. LanningSupreme Court of the United States · 1875
- Williams v. . WhedonNew York Court of Appeals · 1888
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Emerson v. SenterSupreme Court of the United States · 1886
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- Dexter v. DexterAppellate Division of the Supreme Court of the State of New York · 1899
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