Fernschild v. D. G. Yuengling Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the D. G. Yuengling Brewing Company, under section 1344 of the Code of Civil Procedure, from a judgment of the Appellate Term of the Supreme Court in the city of New York in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of September, 1896, reversing a judgment of the General Term of the City Court of the city of New York, which affirmed a judgment in favor of the defendant, entered in the office…
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Appeal by the defendant, the D. G. Yuengling Brewing Company, under section 1344 of the Code of Civil Procedure, from a judgment of the Appellate Term of the Supreme Court in the city of New York in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of September, 1896, reversing a judgment of the General Term of the City Court of the city of New York, which affirmed a judgment in favor of the defendant, entered in the office of the clerk of the City Court of the city of New York on the 10th day of June, 1895, upon the verdict of a jury…
1Dissent
Goodrich, P. J. (dissenting):
I cannot concur in the opinion of Mr. Justice Bartlett, and on the following grounds:
Starting with the proposition laid down by him, that the transactions connected with the reorganization were a fraud on the plaintiff (Cole v. Millerton Iron CVo., 133 N. Y. 164), it is possible (except for resort to an action to set aside the transfer) that the proceedings will result, as it was intended they should, in destroying the value of the plaintiff’s bonds, unless the judgment of the Appellate Term of the first department is affirmed. A court is never swift to search for…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Cole v. Millerton Iron Co.New York Court of Appeals · 1892
- Davenport v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 1897