Third National Bank of Buffalo v. Buffalo Wheel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Buffalo Wheel Company and Joseph P. Devine, as general assignee for the benefit of the creditors of Buffalo Wheel Company, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the Ith day of November, 1900, upon the decision of the court rendered after a trial at the Erie Special Term.
1Opinion of the Court
Williams, J.:
The judgment appealed from should be affirmed, with costs The action was brought to set aside a general assignment for the benefit of creditors as fraudulent and void as to the plaintiff and its judgment, and the relief asked for was granted by the trial court. The assignment was made by the defendant wheel company, an insolvent domestic corporation, and was without preferences. The facts constituting the alleged fraud found by the trial court upon adequate evidence were as follows: The wheel company was indebted to the plaintiff upon a note of $2,500, dated' February 24, 1898,…
2Cases cited4 opinions
- Hauselt v. VilmarThe Superior Court of New York City · 1877
- Jaques v. GreenwoodNew York Court of Common Pleas · 1861
- Robinson v. HawleyAppellate Division of the Supreme Court of the State of New York · 1899
- Wood v. MitchellNew York Supreme Court · 1890