Slyck v. Warner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William R. Warner, individually, etc., from a 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 3d day of May, 1906, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the defendant, William R. Warner, individually, etc., from a 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 3d day of May, 1906, upon the decision of the court rendered after a trial at the New York Special Term. The facts so far as the same are necessary to be considered on the question presented are as follows: On and prior to the 25th of March, 1899, J. F. Smith & Company, a domestic corporation, was engaged in the sale, under duly registered trade marks, of certain proprietary remedies which were…
1Opinion of the Court
McLaughlin, J.:
The judgment appealed from must he reversed. There-is absolutely no evidence to sustain a finding that the assignment of the Baker & Berringer notes or the trade marks was .made for the purpose of. hindering, delaying or defrauding creditors or that the money paid to the firm of Warner & Co. on the indebetdness of the J. F. Smith & Company after the 25th of March, 1899, was paid with the intent of giving that firm a preference over other creditors. Warner & Co. had been dealing with the corporation for several years, during the course of which and on the 25th of March, *451899,…
2Cases cited3 opinions
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Lowery v. Western Union Telegraph Co.New York Court of Appeals · 1875
3Cited by8 opinions
- Bielaski v. National City Bank of New YorkDistrict Court, S.D. New York · 1932
- Dill & Collins Co. v. MorisonAppellate Division of the Supreme Court of the State of New York · 1913
- Weil v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1937
- Drewen v. Union Discount Co.Court of Appeals for the Second Circuit · 1929
- Childs v. County Trust Co.District Court, S.D. New York · 1933
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