Legal Opinion

Weinstein v. Schneider

Appellate Terms of the Supreme Court of New York

Decided March 15, 1922PublishedCited by 2 opinions

Appeal by defendants from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fourth district, in favor of plaintiff.

1Per curiam

The note in suit was given to one Shiller, a creditor of the defendants, on condition that he would withdraw the objections filed by his attorneys in the bankruptcy court to the composition which all the other creditors of the defendants were willing to execute. Under the composition the creditors were to receive thirty-five per cent. The objections were withdrawn and the composition executed and confirmed by the court. The note *254was obtained secretly and without the knowledge of the other creditors of the defendants, and was a fraud on them. Shiller thus obtained a preference and rendered the…

2Cases cited3 opinions

  1. Hanover National Bank v. BlakeNew York Court of Appeals · 1894
  2. Union Exchange National Bank v. JosephNew York Court of Appeals · 1921
  3. Union Exchange National Bank v. JosephAppellate Division of the Supreme Court of the State of New York · 1920

3Cited by2 opinions

  1. B. Zatinsky & Son, Inc. v. Louis L. Schwartz & Co.New York Supreme Court · 1925
  2. Reiss v. Velleman & Co.New York Supreme Court · 1922

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