Legal Opinion

Bernheimer v. . Rindskopf

New York Court of Appeals

Decided November 26, 1889PublishedCited by 19 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 25, 1886, which affirmed a judgment in favor of plaintiffs, entered upon the decision of the court on trial at Special Term. The nature of tho action and the facts are sufficiently set forth in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 25, 1886, which affirmed a judgment in favor of plaintiffs, entered upon the decision of the court on trial at Special Term. The nature of tho action and the facts are sufficiently set forth in the opinion. The firm of Rindskopf Bros. & Co. were in no manner liable for the note, either contingently or otherwise, unless it be shown that the firm authorized the indorsement, and to establish such authority the burden was upon the defendants. (Atlantia State Bank v.…

1Opinion of the CourtBrown, J.

This action was brought by the plaintiffs, who are judgment-creditors of the firm of Rindskopf Bros. & Co., to set aside a general assignment made by that firm to the defendant Jacob W. Mack, September 19,1884, on the ground that it was made to hinder, delay and defraud creditors.

It is alleged that this result was sought to be accomplished by preferring in the assignment numerous claims, some of which were fictitious, and for none of which the firm was liable.

The defendants introduced no evidence on the trial, and the court found as facts that none of the preferences were fictitious, or for…

2Cases cited8 opinions

  1. Menagh v. . WhitwellNew York Court of Appeals · 1873
  2. Shultz v. . HoaglandNew York Court of Appeals · 1881
  3. Wilson v. . RobertsonNew York Court of Appeals · 1860
  4. Saunders v. . ReillyNew York Court of Appeals · 1887
  5. Crook v. . RindskopfNew York Court of Appeals · 1887

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3Cited by19 opinions

  1. Foster v. . BookwalterNew York Court of Appeals · 1897
  2. Matter of LawrenceUnited States Bankruptcy Court, S.D. New York · 1979
  3. In Re Emergency Beacon Corp.District Court, S.D. New York · 1985
  4. Dike v. DrexelAppellate Division of the Supreme Court of the State of New York · 1896
  5. Nordlinger v. . AndersonNew York Court of Appeals · 1890

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