Ellis H. Roberts & Co. v. Vietor
New York Court of Appeals
Appeal by Vietor and Achilles from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 26, 1889, which affirmed a judgment in favor of defendant Bulger entered upon the report of a referee. The nature of the action and the facts, so far as material are stated in the opinion. Upon the facts found by the referee and upon uncontradicted evidence, the assignment was fraudulent and void.
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Appeal by Vietor and Achilles from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 26, 1889, which affirmed a judgment in favor of defendant Bulger entered upon the report of a referee. The nature of the action and the facts, so far as material are stated in the opinion. Upon the facts found by the referee and upon uncontradicted evidence, the assignment was fraudulent and void. (Laws of 1877, chap. 406, § 1; Hardman v. Bowen, 39 N. Y. 196; Britton v. Lorenz, 45 id. 51; Frazer v. Truax, 27 Hun, 587; In re Lewis, 81 N.…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff, a domestic corporation, as a judgment creditor in behalf of itself and all other creditors of the firm of Buckley & Co., who might desire to join in the action to set aside as fraudulent a general assignment for the benefit of creditors made by the members of the firm of Buckley & Co., as such, and as individuals, to Patrick F. Bulger; and also to set aside as fraudulent certain judgments entered in favor of Thomas "Wheeler, Daniel G-. Major and Chloe Spencer against Buckley & Co.
The firm of Buckley & Co. and the members thereof were insolvent. The…
2Cases cited14 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Coleman v. . BurrNew York Court of Appeals · 1883
- Russell v. . WinneNew York Court of Appeals · 1868
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Ford v. . WilliamsNew York Court of Appeals · 1862
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ellis H. Roberts & Co. v. BuckleyNew York Court of Appeals · 1895
- Reagan v. First National BankIndiana Supreme Court · 1901
- In re HartmanDistrict Court, N.D. New York · 1911
- Hyland v. The James RoyDistrict Court, S.D. New York · 1894
- Bailey v. BallouSupreme Court of New Hampshire · 1898
4 more not listed; retrieve them via the Exa API.