Rosenberg v. . Block
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 2, 188J, which affirmed a judgment in favor of the plaintiffs entered upon a verdict and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 2, 188J, which affirmed a judgment in favor of the plaintiffs entered upon a verdict and affirming an order denying a motion for a new trial. The complaint in this action alleged that the plaintiffs, as a limited partnership formed pursuant to the Code of Virginia under the firm name of “H. Rosenberg,” on the 4th of August, 1882, delivered to the defendants, as commission merchants, a quantity of merchandise for sale; that the defendants, as the agents of the plaintiffs, sold…
1Opinion of the CourtVann, J.
When this case was before the court on a former appeal, the judgment then under review was reversed, because the defendants were not allowed to show that the property which went into the special partnership belonged, in fact, to Rosenberg, and that the transfer to his sister was only a device to defraud his creditors. (Rosenberg v. Block, 102 N. Y. 255.)
Hpon the second trial the evidence formerly excluded was received, and the question whether the alleged partnership between Rosenberg and his sister was a fraud upon his credit ors was submitted to the jury, who found for the plaintiffs. Ho…
2Cases cited5 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
- New York Guaranty & Indemnity Co. v. GleasonNew York Court of Appeals · 1879
- Scott v. . RogersNew York Court of Appeals · 1864
- Rosenberg v. . BlockNew York Court of Appeals · 1886
3Cited by3 opinions
- Fowler v. Union Coarse Salt Co.New York Supreme Court · 1895
- Fyfe v. JacksonAppellate Division of the Supreme Court of the State of New York · 1900
- Sippell v. SalmowitzNew York Supreme Court · 1908