Houghton v. Stiner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max Stiner, from an interlocutory 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 31st day of July, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
O’Brien, J.:
The action is brought by a trustee in bankruptcy to recover the value of a. stock of goods alleged to have been transferred to the defendant, a creditor, by the bankrupt, when insolvent in fact, and known by the bankrupt and the defendant to be so, within four months Of the filing of the petition in bankruptcy, the purpose and intent, of the transfer being to give an illegal preference. The defendant demurred to the complaint, and from the interlocutory judgment overruling the demurrer he appeals.
In form, taking the allegations of the complaint and the prayer for relief, the…
2Cases cited3 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Schreyer v. Citizens' National BankAppellate Division of the Supreme Court of the State of New York · 1902
- Jones v. SchermerhornAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by14 opinions
- Allen v. . GrayNew York Court of Appeals · 1911
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- Parker v. BlackDistrict Court, W.D. New York · 1906
- Stern v. MayerAppellate Division of the Supreme Court of the State of New York · 1904
- Bryan v. MaddenAppellate Division of the Supreme Court of the State of New York · 1905
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