Legal Opinion

Wright v. Gansevoort Bank

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

Decided March 22, 1907PublishedCited by 1 opinion

Appeal by -the defendant, tbe Gansevoort Bank, from a judgment of the Supreme Court in favor of tbe plaintiff, entered in the office of the clerk of the corinty of New York on the 20th- day of June, 1906, upon-the decision of the court, rendered after a trial at the .New York Special Term, setting aside as preferential and fraudulent a certain payment made by W. 0. Loftus & Company to .the appellant'. ' , ",

1Opinion of the Court

Scott, J.:

This action is brought by a trustee in bankruptcy óf a corporation known as W. 0. Loftus .& Company to recover from the Gansevoort Bank .the sum of $15,000 and interest alleged to- have been paid to that hank on the eve of the corporation’s bankruptcy in" violation of section 48 of the Stock Corporation Law (Laws of 1892, chap. .688, as ámd. by Laws of 1901, chap! 354).

The corporation of W. O. Loft ns & Company was engaged in the clothing business and'one Thomas J. Loftus was its president and-had full authority to sign checks and notes in its name and behalf., On February'S, 1903,…

2Cases cited5 opinions

  1. Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
  2. Dutcher v. . Importers Traders' Nat. BankNew York Court of Appeals · 1874
  3. Hilton v. ErnstAppellate Division of the Supreme Court of the State of New York · 1899
  4. Munson v. Genesee Iron & Brass WorksAppellate Division of the Supreme Court of the State of New York · 1899
  5. Salt v. EnsignNew York Supreme Court · 1894

3Cited by1 opinion

  1. Wright v. William Skinner Mfg. Co.Court of Appeals for the Second Circuit · 1908

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