Legal Opinion

White v. . Benjamin

New York Court of Appeals

Decided October 13, 1896PublishedCited by 36 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made May 10,1894, which affirmed a judgment in favor of plaintiffs entered upon á decision of the court on trial at Special Term. Also, appeal from an order of said General Term, made December 18, 1895, which affirmed an order of Special Term denying a motion for a new trial on the ground of newly-discovered evidence.

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Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made May 10,1894, which affirmed a judgment in favor of plaintiffs entered upon á decision of the court on trial at Special Term. Also, appeal from an order of said General Term, made December 18, 1895, which affirmed an order of Special Term denying a motion for a new trial on the ground of newly-discovered evidence. This action was brought by judgment creditors to set aside as fraudulent and void a general assignment for the benefit of creditors, executed by the defendant Edward M.…

1Opinion of the CourtVann, J.

The most serious question that arose in this case was the question of fact in relation to the fraud alleged to have been perpetrated by the judgment debtor and his wife against the creditors of the former. A careful examination of the record has convinced us that the affirmance by the General Term of the facts found by the trial court has placed that question beyond our reach, for it cannot be seriously contended that there is no evidence to support the findings of fact. (Crim v. Starkweather, 136 N. Y. 635.) The only question requiring the expression of consideration is whether a portion of…

2Cases cited6 opinions

  1. Loos v. . WilkinsonNew York Court of Appeals · 1888
  2. Carroll v. . DeimelNew York Court of Appeals · 1884
  3. Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
  4. Baker v. . RemingtonNew York Court of Appeals · 1871
  5. Crim v. . StarkweatherNew York Court of Appeals · 1892

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

3Cited by36 opinions

  1. Cox v. . StokesNew York Court of Appeals · 1898
  2. In Re the Estate of RogersNew York Court of Appeals · 1897
  3. Volusia County Bank v. BigelowSupreme Court of Florida · 1903
  4. Baily v. . HornthalNew York Court of Appeals · 1898
  5. Gross v. Russo (In Re Russo)United States Bankruptcy Court, E.D. New York · 1979

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

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