Birdsall, Waite & Perry Mfg. Co. v. Schwarz
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by the Birdsall, Waite & Perry Manufacturing Company and others against George Schwarz and others. From a judgment entered on a decision of the court at special term, plaintiffs appeal.
1Opinion of the CourtHatch, J.
This action is brought to set aside certain deeds from George Schwarz to his wife, Barbara Schwarz, it being claimed that they were executed and delivered in fraud of the rights of creditors. This case has been before this court upon another appeal. Manufacturing Co. v. Schwarz, 3 App. Div. 208, 38 N. Y. Supp. 368. We then held that the judgment creditors had sufficient standing to maintain an action to set aside the deeds, and reversed the judgment which dismissed the plaintiffs’ complaint upon the ground that the right of action was in the assignee of the Brooklyn Carriage & Harness…
2Cases cited4 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- In re SuttonAppellate Division of the Supreme Court of the State of New York · 1896
- Commercial Bank of Rochester v. BoltonNew York Supreme Court · 1895
- Birdsal, Waite & Perry Manufacturing v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1896