Bangs v. National Macaroni Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe defendant, the National Macaroni Company, by Frank Adams Acer, its ancillary receiver, and Frank Adams Acer, ancillary receiver of the defendant, the National Macaroni Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of June, 1896, upon the verdict of a jury directed by the court, with notice of an intention to bring up for review upon such appeal an order…
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Appeal by tbe defendant, the National Macaroni Company, by Frank Adams Acer, its ancillary receiver, and Frank Adams Acer, ancillary receiver of the defendant, the National Macaroni Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of June, 1896, upon the verdict of a jury directed by the court, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 13th day of July, 1896, denying the defendant’s motion for a new trial made upon the…
1Opinion of the Court
Cullen, J.:
The action was brought to recover the amount of two promissory notes alleged to have been made by the defendant. The answer, in substance, denied the authority of the defendant’s officers to make the notes, and set up that the notes were made and delivered while the defendant corporation was insolvent, with intent to prefer the payment of certain debts due from it to its officers.
As to the second defense, that the notes were executed in contemplation of insolvency and for the purpose of giving preference, *524we have held in the case of Welling v. Ivoroyd Co. (15 App. Div. 116) that…
2Cases cited4 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- National Bank of the Republic v. Navassa Phosphate Co.New York Supreme Court · 1890
- Welling v. Ivoroyd Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- National Spraker Bank v. George C. Treadwell Co.New York Supreme Court · 1894
3Cited by10 opinions
- Bacon v. Montauk Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Stanton v. Occidental Life InsuranceMontana Supreme Court · 1927
- Miners & Merchants' Bank v. Ardsley Hall Co.Appellate Division of the Supreme Court of the State of New York · 1906
- National Bank of Newport v. H. P. Snyder Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Sapulpa Co. v. State Ex Rel. LankfordSupreme Court of Oklahoma · 1917
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