Beattys v. Straiton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Wallace Straiten and another,.as committee, etc., and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of April, 1910, upon the decision of the court,- rendered after a trial at the New York Special Term, adjudging fraudulent and void as to the plaintiff.and the creditors of the defendant Martin V. Cook, the bankrupt, a certain agreement made between…
Read the full summary
Appeal by the defendants, Wallace Straiten and another,.as committee, etc., and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of April, 1910, upon the decision of the court,- rendered after a trial at the New York Special Term, adjudging fraudulent and void as to the plaintiff.and the creditors of the defendant Martin V. Cook, the bankrupt, a certain agreement made between him and the defendant Christine Straiton. . Valentine Cook, Sr., who died on December 9,1897, was a member óf the firm…
1Opinion of the Court
Miller, J. :
Before proceeding to discuss the questions which we consider decisive of this appeal, it may not be amiss to call attention to the fact that the appellants’ brief has been of no assistance to "the court because the statements of fact do not have any folio references to the record, and wé have been unable-hr find in. tlie record support for some of them.
There is a suggestion in the brief of the respondent that the: instrument adjudged fraudulent and void amounted to an unlawful preference within the Bankruptcy Act; but it is quite apparent', that that question has not been…
2Cases cited1 opinion
- Erickson v. . QuinnNew York Court of Appeals · 1872
3Cited by4 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Brush v. OlivoAppellate Division of the Supreme Court of the State of New York · 1981
- Winter v. KramAppellate Division of the Supreme Court of the State of New York · 1957