Koechl v. Leibinger & Oehm Brewing Co.
New York Supreme Court
Action by a judgment creditor to set aside a general assignment "of the defendant corporation upon the groiind of. fraud.
1Opinion of the Court
Gaynor J.. This is a suit by a- judgment creditor for his- own benefit to set aside the general assignment of -the defendant cor*299poration, and also as an incident the transfers by it of 8 of its second mortgage bonds, viz., 4 to Moesmer and 4 to Guggenheimer, Untermyer & Marshall, as all constituting one scheme to defraud its creditors! I find that no such scheme existed. I find that each transfer of bonds was wholly disconnected from the general assignment, and that neither transfer nor the general assignment was made to defraud creditors.
I also find that neither transfer was made with that “…
2Cases cited3 opinions
- Milbank v. De RiesthalNew York Supreme Court · 1894
- Koechl v. Leibinger & Oehm Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Easton National Bank v. Buffalo Chemical WorksNew York Supreme Court · 1888