New York Ice Co. v. Cousins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The New York Ice Company, from a. judgment of'the Supreme Court in favor of the defendants, entered, in the office of the clerk of the county of New York on the 18th day of March, 1897, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the plaintiff, The New York Ice Company, from a. judgment of'the Supreme Court in favor of the defendants, entered, in the office of the clerk of the county of New York on the 18th day of March, 1897, upon the decision of the court rendered after a trial at the New York Special Term. This action Avas brought by the plaintiff, a judgment creditor of the defendant Almus M. Cousins, to set aside a mortgage of personal property made by the defendant Almus M.- Cousins to his brothers John W. Cousins and Harvey Cousins, a sale of the same property made by the defendant Almus M. Cousins'…
1DissentRumsey, J.
This is a judgment creditor’s action brought to set aside a transfer and mortgage of personal property made by Alums M. Cousins to his brothers, which property was subsequently sold to the respondent, the Consolidated Ice Company. Upon the trial at Special Term the court dismissed the complaint, upon the ground that the plaintiff had not made it appear that the bill of sale and mortgage were made with the intent to hinder, delay or defraud the creditors of Almus M. Cousins, the particular reason being that it had not been shown that the transferee in the bill of sale and the mortgagees in the…
2Cases cited3 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Heye v. TilfordAppellate Division of the Supreme Court of the State of New York · 1896
- Hoffman v. SusemihlAppellate Division of the Supreme Court of the State of New York · 1897