Berger v. . Varrelmann
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of October, 1890, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. From June, 1888, to April 29, 1889, Henry Erdtmann and Gustave Varrelmann were partners engaged in business at Hos. 252 and 254 Pearl street, Hew York, under the firm name of “ W. & H. Erdtmann.”
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of October, 1890, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. From June, 1888, to April 29, 1889, Henry Erdtmann and Gustave Varrelmann were partners engaged in business at Hos. 252 and 254 Pearl street, Hew York, under the firm name of “ W. & H. Erdtmann.” April 29, 1889, they confessed judgment in favor of George E. Varrelmann (the father of Gustave Varrelmann) for §7,824.62, which was…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The judgment which the appellant obtained by the confession of his debtors is sought to be set aside and the money collected by virtue of it recovered for the benefit of the creditors of the judgment debtor, on the ground that when confessed the confessors intended to make a general assignment and prefer the claim of the appellant through a judgment and execution, and thereby evade the prohibition of the thirtieth section of the Assignment Act, which is as…
2Cases cited13 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- White v. CotzhausenSupreme Court of the United States · 1889
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Hudler v. . GoldenNew York Court of Appeals · 1867
- Hart v. CleisNew York Supreme Court · 1811
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Manning v. . BeckNew York Court of Appeals · 1891
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
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