Legal Opinion

Home Bank v. J. B. Brewster & Co.

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

Decided July 1, 1898PublishedCited by 5 opinions

Appeal by the defendant in eacli of the above-entitled actions, John A. Garver, from the following portions of an order made at the New York Special Term, bearing date the 22d day of March, , 1898, and entered in the office 'of the clerk of the county of New York, modifying the report of a referee : “ I. From that part of paragraph II of the said order which directs Edmund Stephenson to pay over to Edward J. H. Tamsen, Esq., late sheriff of the city and county of New York,…

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Appeal by the defendant in eacli of the above-entitled actions, John A. Garver, from the following portions of an order made at the New York Special Term, bearing date the 22d day of March, , 1898, and entered in the office 'of the clerk of the county of New York, modifying the report of a referee : “ I. From that part of paragraph II of the said order which directs Edmund Stephenson to pay over to Edward J. H. Tamsen, Esq., late sheriff of the city and county of New York, so much of the balance of moneys remaining in his hands as may be necessary to satisfy plaintiff’s executions and the…

1Opinion of the Court

Van Brunt, P. J.:

The defendant J. B. Brewster & Co., a domestic corporation engaged in the manufacture and sale of carriages, with its factory, warerooms and offices in the city of New York, and having on hand a large quantity of carriages, machinery and other personal property capable of sale and levy under execution, made a general assignment for the benefit of creditors to the defendant John A. Garver on 'October 11, 1895, and immediately prior to said assignment transferred considerable of its property to the other defendants herein. The plaintiffs brought actions upon claims which they…

2Cited by5 opinions

  1. In re CoeCourt of Appeals for the Second Circuit · 1910
  2. Moe v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1910
  3. Home Bank v. GarverAppellate Division of the Supreme Court of the State of New York · 1901
  4. Matter of GarverNew York Court of Appeals · 1903
  5. Tate v. SandersSupreme Court of Missouri · 1904

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