Maass v. . Falk
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 12, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 12, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing the complaint. This is an action by certain judgment creditors of the firm of Falk Brothers & Co. to set aside, as being void and fraudulent as to them, a certain transfer of property, which had been made by the judgment debtors to the three defendant banks. The instrument of transfer referred to in the complaint, after reciting the…
1Opinion of the CourtGray, J.
I am not disposed to dispute the proposition of the appellants, which has been so ably argued by their counsel. If the transactions between the firm of Falk Brothers & Co. and the creditors of that firm, which resulted in transfers of all the firm property, had been simultaneous and it was plain that, in their guise, the debtor firm had, in fact, made a general assignment to favored creditors, then I should consider that there had been a violation of the provisions of the statute; regulating tlie assignments of the estates of debtors for the benefit of their creditors. The prohibition of the…
2Cases cited5 opinions
- Manning v. . BeckNew York Court of Appeals · 1891
- Berger v. . VarrelmannNew York Court of Appeals · 1891
- Spelman v. . FreedmanNew York Court of Appeals · 1892
- Central National Bank v. SeligmanNew York Court of Appeals · 1893
- Abegg v. . BishopNew York Court of Appeals · 1894
3Cited by11 opinions
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Delaney v. . ValentineNew York Court of Appeals · 1898
- Galle v. . TodeNew York Court of Appeals · 1896
- New York County National Bank v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
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