Kennedy v. Wood
New York Supreme Court
Appeal from circuit court, Rensselaer county. This is an action by a receiver appointed in supplemental proceedings, to set aside a general assignment made by defendants Wood and Merrill to defendant McDonnell. The case was tried before Justice Edwards and a jury. The jury found a verdict for defendants, and judgment accordingly was granted thereon. From this judgment, and the order denying the motion to set aside the verdict, the plaintiff appeals.
1Opinion of the CourtLearned, P. J.
The assignment was made October 30,1886. The plaintiff offered to show' declarations of the assignors made J une 14, 1883, that they had a surplus of $100,000, and declarations shortly before the general assignment that they were then better off than in 1883; this offer being in connection with the general assignment, in which the firm appeared to be largely insolvent. This testimony was excluded, and plaintiff excepts.
The assignors Wood and Merrill were parties defendant. The complaint alleged that the assignment was made with intent to hinder, delay, and deiraud, etc. This w'as denied by…
2Cases cited6 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Starin v. . KellyNew York Court of Appeals · 1882
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Von Sachs v. . KretzNew York Court of Appeals · 1878
- Brisbane v. PrattNew York Supreme Court · 1847
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3Cited by5 opinions
- Fisher v. MonroeNew York Court of Common Pleas · 1893
- Commercial Bank of Rochester v. BoltonNew York Supreme Court · 1895
- Meyer v. CampbellNew York Court of Common Pleas · 1892
- Boyd v. BoydNew York Court of Common Pleas · 1894
- Ralph v. BrickellNew York Supreme Court · 1889