Patchen v. Rofkar
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Frederick M. Patchen against George B. Rofkar, assignee, etc., and Louis Waefelaer, to set aside a general assignment for the benefit of creditors. From a judgment in favor of defendant Rofkar, plaintiff appeals.
1Opinion of the CourtWilliams, J.
This appeal involves a determination of the question as to the right of the plaintiff to maintain the action as one in equity to set aside a general assignment for the benefit of creditors, for fraud, and to reach the assigned property for the payment of the indebtedness of the assignor, the plaintiff being a general creditor merely, and having recovered no judgment for the indebtedness upon which to base the action. The plaintiff is, and for a long time has been, a resident of this state, and is a creditor of the defendant Waefelaer to the amount of $3,671.74, upon notes given by such…
2Cases cited7 opinions
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Tarbell v. GriggsNew York Court of Chancery · 1831
- Rocky Mountain National Bank v. . BlissNew York Court of Appeals · 1882
- Capital City Bank v. ParentNew York Court of Appeals · 1892
- McAllaster v. . BaileyNew York Court of Appeals · 1891
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3Cited by4 opinions
- Dittmar v. De CastellaneAppellate Division of the Supreme Court of the State of New York · 1901
- Dittmar v. De CastellaneAppellate Division of the Supreme Court of the State of New York · 1901
- Dittmar v. De CastellaneAppellate Division of the Supreme Court of the State of New York · 1901
- Patchen v. WaefelaerAppellate Division of the Supreme Court of the State of New York · 1896