Ellis H. Roberts & Co. v. Buckley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July .10, 1894, which affirmed a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The former decision of this court should have been treated by the court below as a final adjudication of the invalidity of the assignment.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July .10, 1894, which affirmed a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The former decision of this court should have been treated by the court below as a final adjudication of the invalidity of the assignment. (130 N. Y. 597.) Nor is the case changed to the advantage of the defendants by the additional or new evidence given on the second trial. (Taylor…
1Opinion of the CourtO’Brien, J.
The plaintiff, a domestic corporation and judgment creditor of the firm of John Buckley & Co., brought this action to set aside a general assignment made by the firm for the benefit of creditors, to the defendant Bulger, on the 17th of March, 1886. The complaint charges that it was made to hinder, delay and defraud creditors and is, therefore, fraudulent and void.
At the time the assignment was made, suits were pending against the firm in behalf of various creditors, in which judgments were rendered subsequent to the assignment, and executions levied upon the property in the hands of the…
2Cases cited4 opinions
- Peyser v. . MyersNew York Court of Appeals · 1892
- Townsend v. . StearnsNew York Court of Appeals · 1865
- Ellis H. Roberts & Co. v. VietorNew York Court of Appeals · 1892
- Smith v. . SmithNew York Court of Appeals · 1892
3Cited by18 opinions
- Commercial Union of America, Inc. v. Anglo-South American Bank, Ltd.Court of Appeals for the Second Circuit · 1925
- The Snug HarborDistrict Court, E.D. New York · 1931
- Johnson v. MaloneSupreme Court of Alabama · 1949
- In re FitchardDistrict Court, N.D. New York · 1900
- Musso v. Herman (In Re Tesmetges)United States Bankruptcy Court, E.D. New York · 1988
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