Legal Opinion

Perry v. Booth

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 3 opinions

Appeal by the defendants, Charles Booth and others, composing the firm of Booth & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1901, upon the decision of the court rendered after a trial at the Kings County Special Term, except from so much thereof as adjudges that the transfer of lumber by Samuel A. Skead on November 16,1898, was made in good faith, and that the…

Read the full summary

Appeal by the defendants, Charles Booth and others, composing the firm of Booth & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1901, upon the decision of the court rendered after a trial at the Kings County Special Term, except from so much thereof as adjudges that the transfer of lumber by Samuel A. Skead on November 16,1898, was made in good faith, and that the defendants thereafter advanced thereon money aggregating more than the value of such lumber.

1Opinion of the Court

Sewell, J.:

The complaint alleges that on the 13th day of December, 1898, Samuel A. Skead made a transfer to the defendants of certain property belonging to him, to wit, 1,400,000 feet of lumber of the kind and quality known as Para shippers, of the value of $20,000; that on the 15th day of February, 1899, a petition in bankruptcy was filed and Skead was adjudged a bankrupt; that at the time of the transfer the defendants were creditors of Skead; that the effect of the transfer was to enable the defendants to obtain a greater percentage of their debt than other creditors of the same class, and *236…

2Cases cited4 opinions

  1. Morris v. . TalcottNew York Court of Appeals · 1884
  2. National Park Bank of New York v. Seaboard BankNew York Court of Appeals · 1889
  3. Sebring v. WellingtonAppellate Division of the Supreme Court of the State of New York · 1901
  4. Johnson v. RapalyeaAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
  2. Perry v. BoothAppellate Division of the Supreme Court of the State of New York · 1903
  3. Perry v. BoothAppellate Division of the Supreme Court of the State of New York · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API