Waverly National Bank v. Halsey
New York Supreme Court
APPEAL from a judgment of the special term, dismissing the plaintiff’s complaint. The action was tried before a justice of this court, at the February special term, 1868, without a jury. On the trial the justice found the following facts: 1st. That the plaintiff is a corporation under the laws of the United States, and of this State. 2d.
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APPEAL from a judgment of the special term, dismissing the plaintiff’s complaint. The action was tried before a justice of this court, at the February special term, 1868, without a jury. On the trial the justice found the following facts: 1st. That the plaintiff is a corporation under the laws of the United States, and of this State. 2d. That on May 11, 1866, the plaintiff recovered a judgment in this court against Mary A. Halsey and Oscar P. Northum, two of the defendants, for $20,793.69, which judgment was recovered upon the drafts mentioned in the complaint, and was docketed, as stated in…
1Opinion of the Court
By the Court, Ingraham, P. J.
The justice, upon the trial, found that the assignors, before and at the time of the assignment, had a large amount of money, which was not delivered to the assignee, or mentioned in the inventory, which they intended to and did fraudulently conceal from their creditors and assignee; that this money was the result of collections made in contemplation of the assignment, and its possession was concealed by false entries in the books. He also found that the assignors, within a few days of the assignment, fraudulently bought large amounts of merchandise which they did…
2Cases cited5 opinions
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Wilson v. ForsythNew York Supreme Court · 1857
- Ball v. . LoomisNew York Court of Appeals · 1864
- Griswold v. SheldonNew York Court of Appeals · 1851
- Work v. EllisNew York Supreme Court · 1867
3Cited by3 opinions
- Probst & Hilb v. WeldenSupreme Court of Arkansas · 1885
- In re RainsfordDistrict Court, N.D. New York · 1871
- Talcott v. HessNew York Supreme Court · 1883