Abegg v. Schwab
New York Supreme Court
Appeal from special term, Blew York county. Action by Henry Abegg and others, composing the firm of Abegg, Daeniker & Co., against Emanuel Schwab individually, and as surviving member of the firm of Schwab & Son, Hermann Trohmann, as assignee of Emanuel Schwab, Joseph Lillienthal, Theresa Schwab, and Levi J. Gazan, to set aside judgments confessed by defendant Schwab, and also an assignment of all his property as fraudulent.
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Appeal from special term, Blew York county. Action by Henry Abegg and others, composing the firm of Abegg, Daeniker & Co., against Emanuel Schwab individually, and as surviving member of the firm of Schwab & Son, Hermann Trohmann, as assignee of Emanuel Schwab, Joseph Lillienthal, Theresa Schwab, and Levi J. Gazan, to set aside judgments confessed by defendant Schwab, and also an assignment of all his property as fraudulent. There was a decree for plaintiffs, and defendants appeal. For former report, see 7 H. Y. Supp. 46.
1Opinion of the CourtBarrett, J.
The only embarassment in this case arises from some preliminary observations in the opinion of the learned judge at special term. He there estimated the value of the assigned estate, and attempted to show that the confessed judgments exceeded in amount one-third of such estate. Prom this alone he deduced the conclusion that judgments might be declared unlawful and void. If the decision of this appeal rested upon either the accuracy of this estimate, or the correctness of the conclusion drawn therefrom, we would have much difficulty in sustaining the judgment. The learned judge’s estimate was…
Also in this document: Concurrence.
2Cases cited1 opinion
- Shand v. . HanleyNew York Court of Appeals · 1877
3Cited by9 opinions
- First National Bank v. BardNew York Supreme Court · 1891
- White v. BenjaminThe Superior Court of the City of New York and Buffalo · 1893
- Hedges v. PayneNew York Supreme Court · 1892
- Bienenstok v. AmmidownThe Superior Court of the City of New York and Buffalo · 1894
- Victor v. LevyNew York Supreme Court · 1893
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