Roberts v. . Tobias
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, made June 18, 1881, reversing a judgment in favor of plaintiff rendered upon the decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are set forth in the opinion. There are no exceptions in the case, and so no question of law was presented to the General Term. (St. John v. A. M. L. Ins.
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Appeal from an order of the General Term of the Supreme Court in the first judicial department, made June 18, 1881, reversing a judgment in favor of plaintiff rendered upon the decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are set forth in the opinion. There are no exceptions in the case, and so no question of law was presented to the General Term. (St. John v. A. M. L. Ins. Co., 2 Duer, 419; Cowing v. Altman, 71 N. Y. 435; Gormerly v. McGlynn, 84 id. 284; Nobis v. Pollock, 53 Hun, 441, 442; Code Civ. Pro. § 992; Briggs v. Waldron,…
1Opinion of the CourtHaight, J.
This action was brought to set aside an assignment made for the benefit of creditors upon the ground, as it is claimed, that the assignment was fraudulent and void for the reason that. it did not contain a clause preferring the wages or salaries owing to the employes of the assignors as required by the provisions of chapter 328 of the Laws of 1884. The trial court found in favor of the plaintiffs, and aivarded them -the judgment demanded in their complaint. If the decision was placed upon the ground claimed, it was clearly wrong, and the judgment should have been for the defendants. (Ri…
2Cases cited3 opinions
- Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Richardson v. . ThurberNew York Court of Appeals · 1887
3Cited by20 opinions
- Hughes v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Rodgers v. Travelers Insurance Co.Supreme Court of Missouri · 1925
- Davison v. HerringAppellate Division of the Supreme Court of the State of New York · 1897
- Caciatore v. Transit Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Citizens' Bank of Buffalo v. Rung Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1902
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