Spellman v. Freedman
New York Supreme Court
Appeal from special term, New York county. Action by Timothy M. Spellman and another against Moritz Freedman and’ another, to set aside judgment and execution in favor of the defendant creditors of defendant Soussman, as a fraud upon the rights of the other creditors under an assignment. From an interlocutory judgment overruling demurrers to the complaint, Freedman appeals. For decision on demurrer,, see 6 N. Y. Supp. 570.
1Opinion of the CourtBrady, J.
This action is brought to set aside a judgment and execution-entered and issued in favor of the above-named defendants, upon the ground; that the judgment was a violation of chapter 503 of the Laws of 1887, in reference to assignments for the benefit of creditors. The plaintiffs are general; creditors, having no judgments or liens of any kind. The plaintiffs on the-14th May, 1888, were, as already suggested, creditors of the defendants. On that day the defendant Soussman made an assignment of all her property to-the defendant Philips, for the benefit of her creditors, including the…
2Cases cited13 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- White v. CotzhausenSupreme Court of the United States · 1889
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Van Patten v. BurrSupreme Court of Iowa · 1879
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3Cited by5 opinions
- First National Bank v. BardNew York Supreme Court · 1891
- Berger v. VarrelmannNew York Supreme Court · 1890
- Granger v. LymanSuperior Court of Buffalo · 1891
- Stein v. LevyNew York Supreme Court · 1890
- Thalheimer v. KlapetzyNew York Supreme Court · 1891