Legal Opinion

Berg v. Bates

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 1912PublishedCited by 4 opinions

Appeal by the defendants, Jerome E. Bates and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of May, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to various defenses set up in the answer.

1Opinion of the Court

Laughlin, J.:

Tbe trustee in bankruptcy of Wolf Sayetta alleges in separate counts two causes of action against the defendants, who were creditors of the bankrupt. The first is to recover the value of a stock of goods, which it is alleged the bankrupt, in furtherance of a conspiracy formed between him and one Taylor, who was acting as the agent of and representing the defendants, transferred with the advice and aid of defendants and in the presence and with the assistance of said Taylor in fraud of his creditors; and the second, is for that part of the proceeds of the sale of the goods which…

2Cases cited6 opinions

  1. Knapp v. . RocheNew York Court of Appeals · 1884
  2. Woods v. . PangburnNew York Court of Appeals · 1878
  3. Douglas v. . CoonleyNew York Court of Appeals · 1898
  4. Seamans v. . BarentsenNew York Court of Appeals · 1905
  5. Schattman v. Maze Realty Co.Appellate Division of the Supreme Court of the State of New York · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Skinner v. SchwabAppellate Division of the Supreme Court of the State of New York · 1919
  2. Schmidt v. North German Lloyd Steamship Co.New York Supreme Court · 1927
  3. Levitt v. GriswoldNew York Supreme Court · 1914
  4. Windsor Const. Co. v. RulandNew York Supreme Court · 1914

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