Patchen v. Rofkar
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick M. Patchen, from a judgment of the Supreme Court in favor of the defendant, George B. Rofkar, as assignee for the benefit of creditors of Louis Waefelaer, entered in the office of the clerk of the county of New York on the 8th day of dune, 1896, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint as to said defendant on the ground that it did not state facts sufficient to constitute a…
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Appeal by the plaintiff, Frederick M. Patchen, from a judgment of the Supreme Court in favor of the defendant, George B. Rofkar, as assignee for the benefit of creditors of Louis Waefelaer, entered in the office of the clerk of the county of New York on the 8th day of dune, 1896, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint as to said defendant on the ground that it did not state facts sufficient to constitute a cause of action.
1Opinion of the CourtWilliams, J.
This appeal involves a- determination of the question as to the right of the plaintiff to maintain the action, as one in equity, to set aside a general assignment for the benefit of creditors for fraud, and to reach the assigned property for the payment of the indebtedness of the assignor, the plaintiff being a general creditor merely, and having recovered no judgment for the indebtedness upon which to base the action. The plaintiff is, and for a long time has been, a resident of this State, and is a creditor of the defendant Waefelaer to the amount of $3,671.74, upon notes given by such…
2Cases cited5 opinions
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Tarbell v. GriggsNew York Court of Chancery · 1831
- Rocky Mountain National Bank v. . BlissNew York Court of Appeals · 1882
- Capital City Bank v. ParentNew York Court of Appeals · 1892
- McAllaster v. . BaileyNew York Court of Appeals · 1891
3Cited by13 opinions
- Kittredge v. LangleyNew York Court of Appeals · 1930
- Dittmar v. GouldAppellate Division of the Supreme Court of the State of New York · 1901
- First State Bk. of Clermont v. FitchSupreme Court of Florida · 1932
- Kraemer v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1909
- Dittmar v. De CastellaneAppellate Division of the Supreme Court of the State of New York · 1901
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