Charles H. Dauchey Co. v. Farney
New York Supreme Court
Complaint was based upon section 44 of the Personal Property Law (Laws of 1914, chap. 507), and alleged that the defendant Joseph E. Earney sold to the defendant Joseph A. Earney a stock of merchandise and fixtures in bulk, and alleged the defendants’ non-compliance with the said statute, and demanded the appointment of the defendant Joseph A. Earney as receiver for the benefit of the plaintiff and all other creditors similarly situated.
1Opinion of the CourtRoss, J.
The defendant Joseph E. Earney about April 1, 1914, at Lyons Falls, N. Y., opened a retail hardware store. The business was commenced principally upon capital or credit furnished by his father, the defendant Joseph A. Earney. In January, 1916, several judgments had been obtained against the defendant Joseph E. Earney, and levies had been made upon the stock of goods in his store, and on the twenty-fourth of said month the defendant Joseph E. Earney executed a bill of sale to Joseph A. Earney of his entire stock of goods, fixtures and book accounts. At the time of said sale the defendant…
2Cases cited17 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Knox v. LeeSupreme Court of the United States · 1871
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Douglass v. County of PikeSupreme Court of the United States · 1880
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3Cited by5 opinions
- Williams v. City of DetroitMichigan Supreme Court · 1961
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- McKee v. McKeeNew York Supreme Court · 1943
- Keeler v. TempletonNew York Supreme Court · 1937
- Lee v. Bond-Howell Lumber Co.Supreme Court of Florida · 1936