Legal Opinion
Dalziel v. Rosenfeld
New York Court of Appeals
Decided July 3, 1934PublishedCited by 17 opinions
1Opinion of the CourtCrouch, J.
The plaintiff sued under section 15 of the Stock Corporation Law (Cons. Laws, ch. 59) to recover the amount of alleged preferential payments made by the bankrupt to the defendant.
At the close of the plaintiff’s case the complaint was dismissed upon the ground that the plaintiff had failed to make prima facie proof: (1) Upon the issue of notice or belief on the part of the defendant that the payments would effect a preference; and (2) upon the issue of plaintiff’s intent to give a preference to defendant.
The payments in question were made in 1924. As section 15 of the Stock Corporation Law…
2Cases cited5 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Addiss v. SeligNew York Court of Appeals · 1934
- Sanford v. . BennettNew York Court of Appeals · 1861
- Hilton v. . ErnstNew York Court of Appeals · 1900
- Hilton v. ErnstAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by17 opinions
- In re MatthewsAppellate Division of the Supreme Court of the State of New York · 1938
- In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
- Weiler v. Dry Dock Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1940
- Kinney v. KinneyAppellate Division of the Supreme Court of the State of New York · 1975
- Margolis v. GEM Factors Corp.Court of Appeals for the Second Circuit · 1953
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