Legal Opinion

Koechl v. Leibinger & Oehm Brewing Co.

New York Supreme Court

Decided July 15, 1898Published

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

  1. Milbank v. De RiesthalNew York Supreme Court · 1894
  2. Koechl v. Leibinger & Oehm Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1898
  3. Easton National Bank v. Buffalo Chemical WorksNew York Supreme Court · 1888

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