Britton v. . Lorenz
New York Court of Appeals
Appeal from a judgment of the General Term of the Court of Common Pleas, of the city of New York, affirming a judgment at the trial term for the plaintiff. This case was tried by the court without a jury, and the following facts were found: That on and prior to the 3d day of April, 1865, George Schenek was engaged in business in the city of New York as a dealer in hosiery, woolen shirts, and goods of that general character.
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Appeal from a judgment of the General Term of the Court of Common Pleas, of the city of New York, affirming a judgment at the trial term for the plaintiff. This case was tried by the court without a jury, and the following facts were found: That on and prior to the 3d day of April, 1865, George Schenek was engaged in business in the city of New York as a dealer in hosiery, woolen shirts, and goods of that general character. That on the day last aforesaid, Schenek was embarrassed in his financial matters, and unable to pay his debts or meet his obligations as they became due. That on that day…
1Opinion of the CourtGrover, J.
The judge found that the bill 'of sale, etc., made by the plaintiff’s assignor to the defendants, though absolute upon its face, was really made upon the trust that the defendants should convert the property into money, and from the proceeds pay all his debts for borrowed money in full, and to distribute the residue, pro rata, among all his other creditors. It was competent to show this trust by parol evidence. (Day v. Roth, 18 N. Y., 448; Mulford v. Miller, 1 Keyes, 31.) The bill of sale having been given upon these trusts, it comes within the provisions of chap. 348, Laws of 1860, 594.…
2Cases cited4 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Whiting v. . BarneyNew York Court of Appeals · 1864
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Mulford v. MullerNew York Court of Appeals · 1863
3Cited by62 opinions
- Rossi v. Blue Cross & Blue ShieldNew York Court of Appeals · 1989
- Alexander v. United StatesSupreme Court of the United States · 1891
- People v. . AlfaniNew York Court of Appeals · 1919
- Harrison v. StateCourt of Appeals of Maryland · 1975
- Wallace v. . WallaceNew York Court of Appeals · 1915
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