Turney v. Van Gelder
New York Supreme Court
Appeal from special term, New York county. Action by John Turney against Henry M. Van Gelder, Charles Van Gelder, and Henry J. Newton, as assignee for the benefit of creditors of Van Gelder Bros., to have the assignment set aside for fraud. From a judgment for defendants, dismissing the complaint, plaintiff appeals.
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Appeal from special term, New York county. Action by John Turney against Henry M. Van Gelder, Charles Van Gelder, and Henry J. Newton, as assignee for the benefit of creditors of Van Gelder Bros., to have the assignment set aside for fraud. From a judgment for defendants, dismissing the complaint, plaintiff appeals. For some years prior to May 9, 1887, Henry Van Gelder and Charles Van Gelder were partners under the firm name of Van Gelder Bros., and engaged in manufacturing leather for hatters, at 97 Spring street, New York. On the date mentioned they made a general assignment to Henry J.…
1Opinion of the CourtFollett, J.
The respondents insist that the judgment and ■the order discharging the assignee, entered in the action brought by Jones, are a bar to this suit, and cite, in support of their position, Kerr v. Blodgett, 48 N. Y. 62. Kerr’s Case was an action brought to compel the 'assignee to account. A previous action had been *29begun in the same court for the same purpose by a creditor, in his own behalf, as well as in behalf of all others similarly situated. A decree was entered in the first action, and a report was made, which was confirmed. before Kerr’s action was begun. It was held that, both actions…
2Cases cited4 opinions
- Kerr v. . BlodgettNew York Court of Appeals · 1871
- Cavanagh v. MorrowNew York Supreme Court · 1884
- Kerr v. BlodgettNew York Supreme Court · 1863
- Schofield v. ScottNew York Supreme Court · 1889
3Cited by1 opinion
- In re General Assignment of Henry Thoesen & Bro.Appellate Division of the Supreme Court of the State of New York · 1901