Throop v. Hatch Lithographic Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 8, 1890, which affirmed an order of Special Term vacating an attachment. This action was brought by plaintiff, who was one of defendant’s trustees, to recover money claimed to have been loaned and advanced to it by him. An attachment was granted therein.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 8, 1890, which affirmed an order of Special Term vacating an attachment. This action was brought by plaintiff, who was one of defendant’s trustees, to recover money claimed to have been loaned and advanced to it by him. An attachment was granted therein. The contents of the affidavits on which the attachment was granted and the facts, so far as material, are stated in the opinion. The warrant of attachment was vacated solely on the ground that it was in derogation of section 4, title 4,…
1Opinion of the CourtAndrews, J.
It is undisputed, and the fact appears in the affidavits upon which the plaintiff’s attachment was procured, that the corporation defendant, of which the plaintiff was a trustee and stockholder, was at the time of issuing the attachment and for a long time prior thereto had been hopelessly insolvent to the knowledge of the plaintiff. It also appears by the affidavits that the company while in this condition had executed mortgages on its property, and had given offers of' judgment in favor of various creditors with a view of giving preferences contrary to the statute. This was the very fraud…
2Cases cited1 opinion
- Varnum v. . HartNew York Court of Appeals · 1890
3Cited by34 opinions
- Lopez v. . CampbellNew York Court of Appeals · 1900
- United States v. 58th Street Plaza Theatre, Inc.District Court, S.D. New York · 1968
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- Haskell & Barker Car Co. v. PrzezdziankowskiIndiana Supreme Court · 1908
- Braem v. Merchants' National BankNew York Court of Appeals · 1891
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