Legal Opinion

Muller v. Scandinavian & Finlanders' Emigrant Co.

The Superior Court of the City of New York and Buffalo

Decided May 15, 1895Published

Action by Edward M. Muller against the Scandinavian & Finlanders’ Emigrant Company, Limited, and others, to set aside an assignment for the benefit of creditors. Judgment for plaintiff. Another creditor then moved for a reargument, and to set aside the judgment for want of consideration. -

1Opinion of the CourtMcADAM, J.

The issues in this action having been tried before me, after hearing the proofs and allegations of the parties I decide that the plaintiff is entitled to judgment declaring the general assignment referred to in the complaint fraudulent and void as against the plaintiff, a judgment creditor of the assignor. Belgard v. McLaughlin, 44 Hun, 558. The reasons for this decision, briefly stated, are that upon the whole case the plaintiff has established to my satisfaction, by a preponderance of evidence, that said assignment was made and delivered for the purpose of hindering, delaying, and…

2Cases cited6 opinions

  1. People v. . BallardNew York Court of Appeals · 1892
  2. Shultz v. . HoaglandNew York Court of Appeals · 1881
  3. Vanderpoel v. . GormanNew York Court of Appeals · 1894
  4. Sibell v. . RemsenNew York Court of Appeals · 1865
  5. White v. BenjaminThe Superior Court of the City of New York and Buffalo · 1893

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