Mathews v. Hardt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Engelbert Hardt and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 12th day of May, 1902, upon the decision of the court, rendered after a trial at the Hew York Special Term, setting aside a certain transfer as fraudulent and appointing a referee to determine the value of the property transferred.
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Appeal by the defendants, Engelbert Hardt and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 12th day of May, 1902, upon the decision of the court, rendered after a trial at the Hew York Special Term, setting aside a certain transfer as fraudulent and appointing a referee to determine the value of the property transferred. In pursuance of a petition filed on December 26, 1900, by certain creditors of the Clinton H. Smith Company, that corporation was duly adjudicated bankrupt and the plaintiff was…
1Opinion of the Court
O’Brien, J.:
It is important at the outset to determine what rights the defendant acquired under the oral agreement which the court, upon sufficient evidence, found was made between the Smith corporation and the firm of Hardt, Von Bernuth & Co. Some point is made that the agreement was not that of the corporation, because it was not evidenced by a formal resolution of the board of directors, or by vote of the stockholders. It was, however,, made by the president of the company; under it the moneys were obtained by which the latter was enabled to do business, and, therefore, being a contract…
2Cases cited14 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Wilson v. NelsonSupreme Court of the United States · 1901
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Irving Trust Co. v. Commercial Factors CorporationCourt of Appeals for the Second Circuit · 1934
- In Re ModellCourt of Appeals for the Second Circuit · 1934
- In re HuntDistrict Court, N.D. New York · 1905
- City of Utica v. Gold Medal Packing Co.New York Supreme Court · 1967
- In re Herkimer Mills Co.District Court, N.D. New York · 1930
9 more not listed; retrieve them via the Exa API.