Casola v. . Vasquez
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 1, 1895, which affirmed an order of the Special Term entered December 3, 1894, denying defendant’s motion to vacate a warrant of attachment. The facts, so far as material, are stated in the opinion. There was no fraudulent transfer of the property of Kugelmann & Co. within the meaning of the Code of Civil Procedure, and the attachment should be vacated. (Code Civ.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 1, 1895, which affirmed an order of the Special Term entered December 3, 1894, denying defendant’s motion to vacate a warrant of attachment. The facts, so far as material, are stated in the opinion. There was no fraudulent transfer of the property of Kugelmann & Co. within the meaning of the Code of Civil Procedure, and the attachment should be vacated. (Code Civ. Pro. § 636.) Vasquez, the pretended special partner, is simply to be regarded as a general partner, and as such has incurred no…
1Opinion of the Court
Akbbews, Ch. J.
The application for the warrant of attachment was based on the ground that the defendants “ had assigned, disposed of, or secreted their property with intent to defraud their creditors.” The affidavits wholly failed to establish a case within this clause of the statute. They show simply that the firm of Kugelmann & Co., in violation of the Maryland statute regulating the formation of limited partnerships, being insolvent, sold and transferred to the defendant, Francisco Yasquez, or to the firm of Francisco Yasquez & Sons, effects of the firm in payment of a valid debt owing by…
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- Saint Louis Clay Products Co. v. ChristopherWisconsin Supreme Court · 1913
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