Pittsfield National Bank v. Bayne
New York Supreme Court
Appeal" from special term, New York county. Action by the Pittsfield National Bank against William H. Bayne and others to set aside an assignment for the benefit of creditors. From an order adjudging defendant Tailer guilty of contempt, defendant appeals. Reversed. For former reports, see 14 N. Y. Supp. 557; 19 N. Y. Supp. 937.
1Opinion of the CourtBarrett, J.
Two objections are made to the order appealed from. The first is that a certified copy'of the judgment was not served upon Mr. Tailer; the second, that the undertaking, which whs given upon appeal to the court of appeals, stayed proceedings upon that part of the judgment which directed Mr. Tailer to pay, out of the property of his assignors in his hands, a specified sum of money. The judgment here *562is somewhat unusual. It first adjudges the general assignment made by the firm of Ross, Campbell & Co. to be fraudulent and void, and then directs the assignee (Tailer) to pay to the plaintiff, out…
2Cases cited5 opinions
- Myers v. . BeckerNew York Court of Appeals · 1884
- In re HessNew York Supreme Court · 1888
- Ross v. ButlerNew York Supreme Court · 1890
- Fassett v. TallmadgeNew York Supreme Court · 1860
- Randall v. DusenburyThe Superior Court of New York City · 1876