Braem v. Merchants' National Bank
New York Supreme Court
Appeal from circuit court, Onondaga county. This was an action at law' by Henri M. Braem and Albert Tower, to recover damages which plaintiffs claimed to have sustained by the wrongiful acts of the defendant. The plaintiffs were copartners. The defendant was a corporation duly organized under the laws of the United States. The Syracuse Iron-Works was a corporation duly organized under the general manufacturing laws of the state, and doing business at the city of Syracuse.
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Appeal from circuit court, Onondaga county. This was an action at law' by Henri M. Braem and Albert Tower, to recover damages which plaintiffs claimed to have sustained by the wrongiful acts of the defendant. The plaintiffs were copartners. The defendant was a corporation duly organized under the laws of the United States. The Syracuse Iron-Works was a corporation duly organized under the general manufacturing laws of the state, and doing business at the city of Syracuse. October 7, 1884, the plaintiffs recovered a judgment against the Syracuse Iron-Works for $1,798.38 in the city court of…
1Opinion of the CourtMartin, J.
The plaintiffs claim that, as the Syracuse Iron-Works was insolvent at the time of the offer by that company to allow judgment to be taken against it in favor of the defendant, the judgment was void, as being in contravention of the statute which declares: “It shall not be lawful to make any transfer or assignment in contemplation of the insolvency of such company, to any person or persons whatever; and every such transfer and assignment to such officer, stockholder, or other person, or in trust for them or their benefit, shall be utterly void.” 1 Rev. St. pt. 1, c. 18, tit. 4, § 4; 8th Ed.…
2Cases cited12 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Kerr v. . MountNew York Court of Appeals · 1863
- Bradley v. FullerMassachusetts Supreme Judicial Court · 1875
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3Cited by3 opinions
- Ward v. . PetrieNew York Court of Appeals · 1898
- Hurwitz v. HurwitzNew York Court of Common Pleas · 1894
- James v. PowellAppellate Division of the Supreme Court of the State of New York · 1966