Kennedy v. . Thorp
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of Mew York, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. (Reported below, 2 Daly, 258.) This action was brought by the plaintiff as receiver of the property of the defendant, Waterman C. Bradley; to set aside an assignment made by him to the defendant, Thorp.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of Mew York, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. (Reported below, 2 Daly, 258.) This action was brought by the plaintiff as receiver of the property of the defendant, Waterman C. Bradley; to set aside an assignment made by him to the defendant, Thorp. It appeared that Bradley, by false representations made by him to the Glen Cove Manufacturing Company as to his pecuniary ability, and separately to certain other parties, shortly prior to…
1Opinion of the Court
Gray, C.
Kennedy, the receiver, stands in the place of the Glen Cove Manufacturing Company, at whose instance he was appointed, and for whose benefit he seeks to have the assignment from Bradley to Thorp set aside. Others from whom Bradley fraudulently purchased are not here complaining. Kennedy represents the Glen Cove Manufacturing Company alone, and for anything beyond the fraud committed upon that company he has no right to interfere. (Bostwick v. Menck, 40 N. Y., 383-388.) That company had the right to disaffirm the contract and retake the goods or sue for their wrongful conversion, not…
2Cases cited3 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Bostwick v. . MenckNew York Court of Appeals · 1869
- Bank of Beloit v. . BealeNew York Court of Appeals · 1866
3Cited by17 opinions
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- McNutt v. HilkinsNew York Supreme Court · 1894
- Standard Varnish Works v. HaydockCourt of Appeals for the Sixth Circuit · 1906
- Blum Building Co. v. IngersollNew Jersey Court of Chancery · 1926
- Sloan v. HolcombMichigan Supreme Court · 1874
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