Legal Opinion

Jones v. Schermerhorn

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 2 opinions

Appeal by the plaintiff, E. Willard Jones, as trustee of the estate of John N. Beaton, a bankrupt, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Oneida on the 27th day of April, 1900, upon the decision of the court, rendered after a trial at the Oneida Special Term, sustaining the defendants’ demurrer to the complaint and dismissing the complaint.

1Opinion of the Court

Adams, P. J.:

This is a bill in equity brought by the plaintiff, as trustee m bankruptcy of one John N. Beaton, to set aside an alleged fraudulent transfer of real and personal property pursuant to subdivision e of section 67 of the Bankruptcy Act of 1898 (30 U. S. Stat. at Large, 564).

The defendants demurred to the complaint upon two grounds, viz.: (1) That the courts of this State have no jurisdiction of the subject-matter, and (2) that the complaint does not state facts sufficient to constitute a cause of action.

*495The sufficiency of the complaint not being challenged upon this appeal, the…

2Cited by2 opinions

  1. Houghton v. StinerAppellate Division of the Supreme Court of the State of New York · 1904
  2. Bouton v. WheelerAppellate Division of the Supreme Court of the State of New York · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API