Nordlinger v. . Anderson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of February, 1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and 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 first judicial department, entered upon an order made the first Monday of February, 1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. As against firm creditors, a firm cannot legally prefer with firm assets — one whose claim was originally against one of the partners only on an individual note of such partner for moneys lent him, to enable him to make his contribution to…
1Opinion of the CourtO’Brien, J.
The plaintiff, a judgment-creditor of the firm of Adolph Anderson & Co., composed of Adolph Anderson and Charles A. Muns, brought this action to set aside, and have declared fraudulent and void an assignment for the benefit of creditors with preferences, made by the firm on the 9th day of September, 1887, and duly recorded. The preference made in the assignment was in favor of Charles Muns, the father of one of the partners and assignors for the payment of a debt of $7,000, and it is charged that this claim is ' fraudulent and fictitious. The trial court found that the firm was actually…
2Cases cited4 opinions
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Bernheimer v. . RindskopfNew York Court of Appeals · 1889
- Palmer v. AveryNew York Supreme Court · 1864
- National Bank of Gloversville v. . PlaceNew York Court of Appeals · 1881
3Cited by7 opinions
- Thayer v. HumphreyWisconsin Supreme Court · 1895
- In re TerensDistrict Court, E.D. Wisconsin · 1910
- Weaver v. WhiteNew York Supreme Court · 1892
- Clark-Jewell-Wells Co. v. TolsmaMichigan Supreme Court · 1908
- Douglas v. AlderUtah Supreme Court · 1896
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