Allen v. . Gray
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1910, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1910, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The plaintiff, as trustee in bankruptcy of the defendant, William H. Gray, brought this action to recover the value of certain wagons, carriages and other goods transferred by the said William H. Gray, individually, to himself and the defendant Mary A. Gray (who has since died), as executors of William Gray, deceased. Prior to this transfer the bankrupt, William…
1Opinion of the CourtWerner, J.
There is' evidence in the record to sustain the findings of the trial court to the effect that the transfer was not fraudulent and did not contravene the provisions of the Bankruptcy Act. We are, therefore, precluded from any further review of that branch of the case. We are of opinion, moreover, that the plaintiff was entitled to a jury trial, and as this conclusion necessitates a reversal of the judgment it is unnecessary to examine the evidence in detail.
The appellant did not properly appeal from the order transferring the cause from the jury term to the Special Term, but that was not…
2Cases cited6 opinions
- Houghton v. StinerAppellate Division of the Supreme Court of the State of New York · 1904
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- Coudert v. . JarvisNew York Court of Appeals · 1907
- Merritt v. HallidayAppellate Division of the Supreme Court of the State of New York · 1905
- Cohen v. . SmallNew York Court of Appeals · 1908
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3Cited by12 opinions
- Boss-Linco Lines, Inc. v. Laidlaw Transportation Ltd. (In Re Boss-Linco Lines, Inc.)United States Bankruptcy Court, W.D. New York · 1985
- Ex Parte JohnsonCourt of Appeals of Maryland · 1958
- Sherwood v. HolbrookNew York Supreme Court · 1917
- Salomon v. Luzar (In Re Black & Geddes, Inc.)United States Bankruptcy Court, S.D. New York · 1982
- Peacock v. FairbairnIdaho Supreme Court · 1928
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