Peyser v. . Myers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment dismissing plaintiff’s complaint as to certain defendants.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment dismissing plaintiff’s complaint as to certain defendants. This action was brought by judgment creditors to' set aside as fraudulent an assignment for the benefit of creditors, and to procure the application of certainmoneys paid 'to defendants, in pursuance of a preference contained therein, to the the satisfaction of plaintiff’s judgment. The preferred claim was not due by the firm which assigned. (Serviss v. McDonnell, 107 N.…
1Opinion of the CourtAndrews, J.
It will be convenient to consider the validity of the preference to the estate of John K. Myers for the sum of $102,872, made in the assignment of the firm of Halsted, Haines & Co., dated July 12, 1884, irrespective of the claim
claim that the preference exceeded the amount of the debt owing to that estate. The parties assailing the preference are creditors of the firm, whose debts arose subsequent to February 1,1882, the date on which Bentley became a member. The debt to the Myers estate preferred in the assignment, existed at the time of the admission of Bentley as a partner, except as it…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Young v. . HillNew York Court of Appeals · 1876
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Knower v. Central National BankNew York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Codman v. BeaneMassachusetts Supreme Judicial Court · 1942
- Ellis H. Roberts & Co. v. BuckleyNew York Court of Appeals · 1895
- Thayer v. HumphreyWisconsin Supreme Court · 1895
- Flour City National Bank v. WidenerNew York Court of Appeals · 1900
- Flour City National Bank v. WidenerAppellate Division of the Supreme Court of the State of New York · 1897
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