Legal Opinion

Stonebridge v. . Perkins

New York Court of Appeals

Decided January 16, 1894PublishedCited by 4 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 3, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 3, 1893, which affirmed a judgment in favor of plaintiff 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 set forth in the opinion. * The sheriff’s sale of September 14, 1888, transferred all the right, title and interest of the corporation in the property in question to the purchaser, so that neither the property nor any interest therein passed to the receiver by his appointment on the 12th day…

1Opinion of the CourtO’Brien, J.

The plaintiff, as receiver of the Yew York Book Company, a manufacturing corporation, brought this action to set aside the transfer of certain property made to the defendants by the corporation in contemplation of insolvency, and in violation of the statute (1 R. S. ch. 18, title 4, § 4), and has thus far succeeded. The answer put in issue the plaintiff’s character as receiver and his right to sue as such, and also the charge that the transfer was made in contemplation of insolvency. In a separate defense it was alleged that subsequent to the transfer, and before the appointment of the…

2Cases cited3 opinions

  1. Roth v. . WellsNew York Court of Appeals · 1864
  2. Stowell v. . OtisNew York Court of Appeals · 1877
  3. Hoyt v. AlstyneNew York Supreme Court · 1853

3Cited by4 opinions

  1. Manhattan Taxi Service Corp. v. Checker Cab Manufacturing Corp.New York Court of Appeals · 1930
  2. Grant v. National Bank of AuburnDistrict Court, N.D. New York · 1912
  3. Central Building, Loan & Savings Co. v. BowlandDistrict Court, S.D. Ohio · 1914
  4. Stoner v. Oneida Motor Car Co., New York County Courts1934

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