Berger v. Varrelmann
New York Supreme Court
Appeal from special term, Hew York county. Action by Paul M. Berger and others against Henry Erdtmann, Gustave Varrelm.ann, and others, to set aside a judgment confessed by said defendants Erdtmann and Varrelmann to defendant George E. Varrelmann. From a judgment for plaintiffs entered on trial by the court without a jury, defendant George E. Varrelmann appeals.
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Appeal from special term, Hew York county. Action by Paul M. Berger and others against Henry Erdtmann, Gustave Varrelm.ann, and others, to set aside a judgment confessed by said defendants Erdtmann and Varrelmann to defendant George E. Varrelmann. From a judgment for plaintiffs entered on trial by the court without a jury, defendant George E. Varrelmann appeals. Laws N. Y. 1887, c. 503, provides: “In all general assignments of the estates of debtors for the benefit of creditors hereafter made, any preference created therein (other than for the wages or salaries of employes * * *) shall not be…
1Opinion of the CourtBrady, J.
This appeal rests upon the findings alone, no requests to find having been submitted. The action was brought by the plaintiffs as judgment and simple creditors of the firm of W. & H. Erdtmann, consisting of Henry Erdtmann and Gustave Varrelmann, in aid of the general assignment of that firm, to set aside as in fraud of such assignment a confessed judgment of the firm to the defendant George E. Varrelmann, the father of Gustave, dated April 29,1889. It appears that on the afternoon of April 29,1889, the firm of Erdtmann & Varrelmann made a general assignment to the defendant Kraclit with…
2Cases cited7 opinions
- Manning v. BeckNew York Supreme Court · 1889
- Abegg v. SchwabNew York Supreme Court · 1890
- Trier v. . HermanNew York Court of Appeals · 1889
- Spellman v. FreedmanNew York Supreme Court · 1889
- Abegg v. SchwabNew York Supreme Court · 1889
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