Constable v. Hardenbergh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George H. Kelley and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county óf New York on the Jth day -of November, 1895, upon the decision of the court rendered after a "trial at the New York Special Term setting aside a general assignment for the benefit of creditors made by Hardenbergh & Co. to Hugo Hirsh.
1Opinion of the Court
Rumsey, J.:
This is a judgment creditor’s action, brought to set aside a general assignment ripon.the ground that it was made with the intent to hinder, delay and defraud creditors. Several distinct frauds were alleged by the plaintiffs in the complaint, but only one of them was found by the court.
The facts were that Hardenbergh & Co., on the 18th of July, 1893, made a general assignment to one Hirsh, preferring certain creditors. Their liabilities were about $70,500; and their'assets were $42,437. At the time of the assignment the firm, had in cash in the store about $834. They used something…
2Cases cited2 opinions
- Coursey v. . MortonNew York Court of Appeals · 1892
- Fay v. GrantNew York Supreme Court · 1889
3Cited by2 opinions
- Feldstein v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1898
- In re MillerDistrict Court, E.D. New York · 1931