Hoffman v. Susemihl
Appellate Division of the Supreme Court of the State of New York
Appeal by the plain tiffs, Charles Hoffman, Jr., and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7tli day of August, 1896, upon the decision of the court rendered after a trial at the New York Special Term dismissing their complaint upon the merits.
1Opinion of the Court
Ingraham, J.:
The complaint alleges that certain transfers of book accounts by the defendant Susemihl to the other defendants were made with the intent to hinder, delay and defraud the creditors of the said Susemihl. These allegations are denied, and the trial court has found that such transfers were not made with such intent. This was a question of fact. The evidence relied upon to prove such fraudulent arrangement between the assignor and the assignees of these claims was the examination of the judgment debtor in the proceeding supplementary to execution. The assignees -were not present or…
2Cases cited1 opinion
- Maass v. . FalkNew York Court of Appeals · 1895
3Cited by5 opinions
- Curran v. ArpAppellate Division of the Supreme Court of the State of New York · 1910
- Fleming v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1898
- Shotwell v. DixonAppellate Division of the Supreme Court of the State of New York · 1897
- Schnitzer v. GordonAppellate Division of the Supreme Court of the State of New York · 1898
- New York Ice Co. v. CousinsAppellate Division of the Supreme Court of the State of New York · 1897