Franey v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 10, 1888, which affirmed a judgment' in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. There is no evidence of fraud in this case.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 10, 1888, which affirmed a judgment' in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. There is no evidence of fraud in this case. The evidence establishes the fact that the statement of creditors preferred was drawn up, signed and delivered at the same time the assignment was. It was all done at the same time, Saturday afternoon, September…
1Opinion of the CourtEarl, J.
On the 13th day of September, 1884, the defendants Smith made a general assigmnent for the benefit of their creditors to the defendant Minor. Subsequently, in the months of October and FTovember, the plaintiff and other creditors recovered judgments against the assignors upon which executions were issued and returned unsatisfied, and then all the judgments, other than plaintiff’s, were assigned to him, and thereafter, in January, 1885, he commenced this action, praying for relief, that tlie assignment be set aside and that his judgments be paid from the proceeds of the assigned property in…
2Cases cited1 opinion
- Warner v. . JaffrayNew York Court of Appeals · 1884
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- Rogers v. . PellNew York Court of Appeals · 1898
- Hopfan v. KnauthCity of New York Municipal Court · 1935
- Metro Burak, Inc. v. Rosenthal & Rosenthal, Inc.New York Supreme Court · 1975
- Armstrong v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1901