Shanks v. National Casket Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sanders Shanks, as trustee in bankruptcy of the estate of Frank S. Henderson, bankrupt, from an interloeu. tory judgment of the Supreme Court in favor of the defendant Frank S..
Read the full summary
Appeal by the plaintiff, Sanders Shanks, as trustee in bankruptcy of the estate of Frank S. Henderson, bankrupt, from an interloeu. tory judgment of the Supreme Court in favor of the defendant Frank S.. Henderson, entered in the office of the clerk of the county of Kings on the 17th day of December, 1903, upon the decision of the court rendered after a trial at the Kings County Special Term overruling the plaintiff’s demurrer to the separate defense contained in the answer of the defendant Frank S. Henderson.
1Opinion of the Court
Woodward, J.:
The plaintiff is the trustee in bankruptcy of the defendant Henderson, and this action is brought to recover from the National Casket Company the value of certain property belonging to said bankrupt, taken by said company under a chattel mortgage which plaintiff claims to have been fraudulent and void as against creditors. The answer of the defendant Henderson admits some of the material allegations of the complaint, and denies “ each and every other allegation in said complaint contained not hereinbefore specifically admitted or denied.” He then sets up as a separate defense *189that…
2Cases cited2 opinions
- Bauer v. PlattNew York Supreme Court · 1893
- Mittendorf v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- State ex rel. Alaska Pacific Navigation Co. v. Superior CourtWashington Supreme Court · 1920
- Vollkommer v. Solon L.Appellate Division of the Supreme Court of the State of New York · 1905