Beuerlien v. . O'Leary
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The defendant in this action is a deputy sheriff of the county of Livingston, and was sued for seizing upon an attachment and subsequently selling upon an execution a part of a stock of merchandise in possession of the plaintiff.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The defendant in this action is a deputy sheriff of the county of Livingston, and was sued for seizing upon an attachment and subsequently selling upon an execution a part of a stock of merchandise in possession of the plaintiff. The attachment and execution were issued against the property of Barney Beuerlien, a brother of the plaintiff, who had owned the stock of…
1Opinion of the Court
Andrews, Ch. J.
We think the referee erred in rulings excluding evidence offered by the defendant.(1) The defense to the action was that the transfer of the stock of goods and accounts by the judgment debtor, Barney Beüerlien, to his brother, the plaintiff, on or about the 17th day of December, 1888, was fraudulent as to Barney’s creditors. The plaintiff claimed that he purchased the stock and the accounts in good faitn and paid their full value, and the referee so found and also that such purchase was made by the plaintiff without any intent .on his part to defraud the creditors of Barney.…
2Cited by7 opinions
- In re the Estate of BrandonNew York Court of Appeals · 1982
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Deutschmann v. Third Avenue RailroadsAppellate Division of the Supreme Court of the State of New York · 1903
- Darling v. KlockAppellate Division of the Supreme Court of the State of New York · 1898
- Hudson Trust Co. v. HoltNew Jersey Court of Chancery · 1933
2 more not listed; retrieve them via the Exa API.