Legal Opinion

Hamilton National Bank v. Halsted

New York Court of Appeals

Decided October 1, 1892PublishedCited by 29 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 23, 1890, which modified and affirmed, as modified, a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.' This was an action by a judgment creditor to set aside a-general assignment for the benefit of creditors and the transfer of certain securities made by the firm, of which defendants were members, and…

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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 May 23, 1890, which modified and affirmed, as modified, a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.' This was an action by a judgment creditor to set aside a-general assignment for the benefit of creditors and the transfer of certain securities made by the firm, of which defendants were members, and for the appointment of a receiver. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtParker, J.

The judgment among other things adjudged that a transfer of certain securities made by William M. Halstead to Richard H. Halstead, on the 11th day of July, 1884, was fraudulent and void as against the creditors of William M. Halstead, individually, and the firm of Halstead, Haines & Co., of which William M. Halstead was a member.

Sometime prior to the date mentioned William M. Halstead, the owner of the securities, hypothecated them with the Hew York Life Insurance and Trust Company, to secure a loan made by it to Halstead of $65,000.

Halstead paid the amount thus received into the firm of…

2Cases cited4 opinions

  1. Loos v. . WilkinsonNew York Court of Appeals · 1889
  2. Borland v. WalkerSupreme Court of Alabama · 1845
  3. Wood v. HuntNew York Supreme Court · 1862
  4. Parrott v. . SawyerNew York Court of Appeals · 1881

3Cited by29 opinions

  1. Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
  2. Buffum v. Peter Barceloux Co.Supreme Court of the United States · 1933
  3. Pereira v. Checkmate Communications Co. (In Re Checkmate Stereo & Electronics, Ltd.)United States Bankruptcy Court, E.D. New York · 1981
  4. CHEMTEX, LLC v. St. Anthony Enterprises, Inc.District Court, S.D. New York · 2007
  5. De West Realty Corp. v. Internal Revenue ServiceDistrict Court, S.D. New York · 1976

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