Legal Opinion
In re Polansky
District Court, S.D. New York
Decided March 10, 1930No. 46776PublishedCited by 6 opinions
1Opinion of the Court
CAFFEY, District Judge.
Where, as here, a debtor transfers all his assets to a trustee for the benefit of all his creditors, the instrument is, within the meaning of the Debtor and Creditor Law (New York Laws of 1909, chapter 17 [Consol. Laws, c. 12]), a general assignment. Young v. Stone, 61 App. Div. 364, 70 N. Y. S. 558, aff’d 174 N. Y. 517, 66 N. E. 1118. The inelusion of a clause, such as that in the second paragraph of the so-called deed of trust produced at the hearing, ostensibly entitling the assignee to defeat the transfer in event he discovers he has been misled by the assignor,…
2Cases cited15 opinions
- Walker v. Walker'sSupreme Court of the United States · 1870
- Barney Ex Rel. Woodhull v. SaundersSupreme Court of the United States · 1854
- Stevens v. . MelcherNew York Court of Appeals · 1897
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- Cook v. . LowryNew York Court of Appeals · 1884
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3Cited by6 opinions
- In Re Republic Gas CorporationDistrict Court, S.D. New York · 1936
- Lewis v. IngramCourt of Appeals for the Tenth Circuit · 1932
- New York State Teamsters Council Health & Hospital Fund v. Estate of DePernoDistrict Court, N.D. New York · 1993
- Brandt v. OttensoserCourt of Appeals for the Second Circuit · 1933
- MacNell v. BailenCourt of Appeals for the First Circuit · 1944
1 more not listed; retrieve them via the Exa API.