Jonathan Ring & Son, Inc. v. Winola Worsted Yarn Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 27, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint as to the defendant, respondent, by the court on trial at Special Term, bringing up for review an intermediate order vacating a prior judgment and granting other relief. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 27, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint as to the defendant, respondent, by the court on trial at Special Term, bringing up for review an intermediate order vacating a prior judgment and granting other relief. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal of the complaint on the merits was erroneous because, if a prima facie case was not established, it constituted…
1Opinion of the Court
Hiscock, Ch. J.
At the time of the occurrences involved in this action, the appellant was a large creditor of the defendant Plate and Clark Co. It brought this action to procure a judgment declaring a mortgage made •by that company to the respondent Manufacturers National Bank of Brooklyn void under section 66 of the Stock Corporation Law (Cons. Laws, ch. 59) on the ground that at the time when such mortgage was executed the mortgagor was insolvent or subject to imminent insolvency and intended by such lien to give a preference to the bank.
On the trial at the close of its case appellant’s…
2Cases cited10 opinions
- Place v. . HaywardNew York Court of Appeals · 1889
- Raabe v. . SquierNew York Court of Appeals · 1895
- Oakes Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Veazey v. . AllenNew York Court of Appeals · 1903
- Neuberger v. . KeimNew York Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wilson v. City of Fergus FallsSupreme Court of Minnesota · 1930
- In re the Voluntary Dissolution of Seamerlin Operating Co.New York Court of Appeals · 1954
- Hansen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1948
- Berrara v. City Real Estate Co.Court of Appeals for the Second Circuit · 1933
- Liftchild v. StateNew York Court of Claims · 1943
6 more not listed; retrieve them via the Exa API.