Cole v. Millerton Iron Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 12, 1891, which reversed a judgment in favor of defendants entered Upon a decision of the court on trial at Special Term, and granted a new trial.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 12, 1891, which reversed a judgment in favor of defendants entered Upon a decision of the court on trial at Special Term, and granted a new trial. This action was brought by plaintiff, a judgment creditor of the National Mining Company of Pawling, to set aside a conveyance made by it of all its property to defendant, the Millerton Iron Company, and also to release said property from the lien of a mortgage executed by that company to defendant, the Mercantile Trust Company, and for the…
1Opinion of the CourtFinch, J.
The plaintiff is a creditor of the National Mining Company, a coporation formed and existing under the laws of this state. He commenced an action to recover damages done to his property by the wrongful act of the cor?, poration, serving the summons in October, 1887, and recoven, ing judgment in J lily of the next year. During the pendency of the action all the property and assets of the debtor corporation were transferred to the Millerton Iron Company, also a domestic corporation, upon a nominal consideration, except an assumption by the vendee of the debts of the vendor, and thereupon the…
2Cases cited1 opinion
- Bartlett v. . DrewNew York Court of Appeals · 1874
3Cited by51 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
- Lumbard v. Maglia, Inc.District Court, S.D. New York · 1985
- Luedecke v. Des Moines Cabinet Co.Supreme Court of Iowa · 1908
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
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