Frank v. Von Bayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Morris Frank, from a judgment of the Supreme Court in favor of the defendants, entered in .the office of the clerk of the county of New York on the 2d day of August, 1922, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint on the merits.
1Opinion of the Court
McAvoy, J.:
This is a judgment creditor’s action, brought by a receiver appointed in supplementary proceedings, to set aside alleged fraudulent transfers by the judgment debtor, the defendant Rudolph C. Von Bayer, to his wife, the defendant Lora V. Von Bayer.
The Standard Oil Company obtained a judgment in the City Court for $1,302.87 November 25, 1919. On the same day this judgment was entered the defendant Rudolph C. Von Bayer notified his bank to transfer his account to his wife’s name and the wife directed the bank to charge the husband’s outstanding checks against the transferred account.…
2Cases cited4 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Kain v. LarkinAppellate Division of the Supreme Court of the State of New York · 1896
- Skillin v. MaibrunnAppellate Division of the Supreme Court of the State of New York · 1902
- Lehrenkrauss v. BonnellAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Gardner v. Goodner Wholesale Grocery Co.Texas Supreme Court · 1923
- Martin v. LangfittSupreme Court of Iowa · 1937