Peyser v. Myers
New York Supreme Court
Appeal from special term, New York county. Action by Henry M. Peyser and others against Matthew" R. Myers and others, executors of John K. Myers, deceased, to set aside an assignment made by Halstead, Haines & Co. as fraudulent, and that judgments obtained by plaintiffs should be paid out of a preference in such assignment to defendants. From a judgment dismissing the complaint as against defendants, plaintiffs appeal.
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Appeal from special term, New York county. Action by Henry M. Peyser and others against Matthew" R. Myers and others, executors of John K. Myers, deceased, to set aside an assignment made by Halstead, Haines & Co. as fraudulent, and that judgments obtained by plaintiffs should be paid out of a preference in such assignment to defendants. From a judgment dismissing the complaint as against defendants, plaintiffs appeal. The forty-third finding of the trial court was as follows: “That neither the defendant J. Edward Bentley, nor the firm of Halstead, Haines & Co., which executed the said…
1Opinion of the CourtAndrews, J.
The firm of Halstead, Haines & Co. made a general assignment for the benefit of creditors on July 12,1884, and in that assignment the-defendants, as executors of John K. Myers, deceased, were given a preference-of $102,872. On August 9th of the same year said defendants recovered a. judgment against the assignors for the full amount of such preference, and in October, 1884, said sum of $102,872 was paid to the defendants by the assignee. The present action was commenced in the summer of 1888, and the relief sought was that such assignment should be set aside, upon the ground that it was made…
2Cases cited3 opinions
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- Williams v. HoughtalingNew York Supreme Court · 1824
- French v. KennedyNew York Supreme Court · 1849
3Cited by1 opinion
- Clift v. MosesNew York Supreme Court · 1894