Legal Opinion

Rothschild v. Salomon

New York Supreme Court

Decided May 24, 1889PublishedCited by 7 opinions

Appeal from special term. Action by Sigmund Rothschild and others, creditors of Emanuel Salomon and Henry Adler, partners, trading as M. & E. Salomon, to set aside an assignment made for the benefit of creditors to defendant Gustav Salomon.

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Appeal from special term. Action by Sigmund Rothschild and others, creditors of Emanuel Salomon and Henry Adler, partners, trading as M. & E. Salomon, to set aside an assignment made for the benefit of creditors to defendant Gustav Salomon. The assignment was made and recorded January 23, 1888, and conveys all the property of the firm, which was inventoried at the sum of $279,554.16, but which was found to be worth in fact but $204,749.71. The liabilities amounted to $499,322.18. Since the year 1881 the firm had been large importers of leaf tobacco from Havana, but in 1886 they began to buy…

1Opinion of the CourtVan Brunt, P. J.

This action was brought to set aside an assignment for the benefit of creditors made by the defendants Emanuel Salomon and Henry Adler to the defendant Gustav Salomon. The assignment is not claimed to be void for anything that appears upon its face; but the appellants urge that *868it was part of a fraudulent scheme by these insolvent debtors to create debts abroad by means of false representations and with the proceeds to protect favored creditors at home, and that the assignment was part of a device to hinder, delay, and defraud creditors in respect to their remedies against the real estate of…

2Cited by7 opinions

  1. White v. BenjaminThe Superior Court of the City of New York and Buffalo · 1893
  2. Birdsal, Waite & Perry Manufacturing v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1896
  3. James Chambers, Ltd. v. SmithNew York Supreme Court · 1891
  4. First National Bank v. WarnerNew York Supreme Court · 1889
  5. Universal Bag Co. v. FensleyNew York Supreme Court · 1896

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