Smith v. . Wise
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 at the June term, 1889, which modified, and affirmed as modified, a final judgment in favor of plaintiffs and affirmed an interlocutory judgment entered upon an order of Special Term, confirming the report of a referee.
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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 at the June term, 1889, which modified, and affirmed as modified, a final judgment in favor of plaintiffs and affirmed an interlocutory judgment entered upon an order of Special Term, confirming the report of a referee. The action was brought to set aside the assignment of the defendant James White for the benefit of his creditors, to the defendant Charles Wise, as fraudulent against such creditors. The assignor was engaged in the business of manufacturing shoes in the…
1Opinion of the CourtBradley, J.
The case presented by the facts as found by the trial court was one of fraud in .fact as against the creditors of- the assignor and chargeable to both parties to the assign ment, and such findings essential to the conclusion that the assignment was fraudulent and void as against such creditors were supported by the evidence.
And by it the inference was warranted, as the fact was found, that to consummate the plan and purpose, with which the assignment tvas made, to continue the business for the mutual benefit and advantage of the assignor and the defendants Wise, the sale of the stock,…
2Cases cited7 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Collumb v. . ReadNew York Court of Appeals · 1862
- Davis v. . LeopoldNew York Court of Appeals · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Randolph v. ScruggsSupreme Court of the United States · 1903
- Vinlis Construction Co. v. RoreckNew York Supreme Court · 1971
- Frank v. . Von BayerNew York Court of Appeals · 1923
- Irving Trust Co. v. Finance Service Co.Court of Appeals for the Second Circuit · 1933
- Blixt v. JanowiakWisconsin Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.