Rothschild's Administrators v. Kohn Bros
Court of Appeals of Kentucky
Case 20 — PETITION EQUITY APPEAL PROM DAVEISS CIRCUIT COURT. 1. The assignment from Levy to Baer was not fraudulent, and the title to the goods passed to him and from him to Goldnamer.
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Case 20 — PETITION EQUITY APPEAL PROM DAVEISS CIRCUIT COURT. 1. The assignment from Levy to Baer was not fraudulent, and the title to the goods passed to him and from him to Goldnamer. But if fraudulent there is no sufficient evidence that Goldnamer was cognizant thereof. 2. The question is res judicata. 3. The creditors participated in the distribution, and thereby ratified the assignment and sale thereunder. 4. The goods bought from Baer were disposed of before the institution of 'the present actions, except as to J. M. Robinson & Co. and C. H. Bliss, who exhausted their liens by the levy…
1Opinion of the CourtChief Justice Holt
June 29, 1882, M. Levy made an assignment for the benefit of his creditors to one Baer. The assigned property consisted of a stock of merchandise.
After a small portion of them had been sold at retail by the assignee, the balance were, as is claimed, pretendingly purchased by Jacob Q-oldnamer as if for himself, but in fact for Levy, and paid for by the.latter. They *110are brothers-in-law. Levy thenceforth controlled and carried on the business, but in the name of Goldnamer,. who was merchandising about a hundred miles distant.
In April, 1883, J. M. Robinson & Co. and C. H. Bliss, having judgments…
2Cases cited2 opinions
- Hart v. HaydenCourt of Appeals of Kentucky · 1881
- Northern Bank v. DeckebachCourt of Appeals of Kentucky · 1885
3Cited by4 opinions
- Burleson v. McDermottSupreme Court of Arkansas · 1893
- Wild v. Noblesville Building, Loan Fund & Savings InstitutionIndiana Supreme Court · 1899
- Hudson's Administratrix v. CollinsCourt of Appeals of Kentucky (pre-1976) · 1931
- Breslin v. BreslinCourt of Appeals of Kentucky (pre-1976) · 1940