Legal Opinion · Dissent

Hickok v. Cowperthwait

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1911Published

Appeal by the defendants, Frank H. Cowperthwait and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of July, 1910, upon the decision of the court rendered after a trial ‘at the Kings County Special Term.

1Dissent

Thomas, J. (dissenting):

Mary E. Cowperthwait, dying in 1888, by her will made her husband, Frank H. Cowperthwait, and her son, Frederick S. Cowperthwait, trustees to pay the income of her property to the former for his life, with remainders to her children and grandchildren. The questions here involved are (1) whether transfers of stock by Frank to Frederick, as trustee, for moneys diverted from the wife’s estate by Frank, and for moneys advanced by certain of the children, are fraudulent as against judgment creditors of Frank and Frederick; (2) whether Aymar' became a pledgee of certain of…

2Cases cited9 opinions

  1. Cohnfeld v. . TanenbaumNew York Court of Appeals · 1903
  2. Lehrenkrauss v. . BonnellNew York Court of Appeals · 1910
  3. Hickok v. CowperthwaitAppellate Division of the Supreme Court of the State of New York · 1909
  4. Maass v. . FalkNew York Court of Appeals · 1895
  5. National Bank v. BonnellAppellate Division of the Supreme Court of the State of New York · 1899

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