Abegg v. Schwab
New York Supreme Court
Bill in equity, by Henry Abegg against Emanuel Schwab and one Lilienthal, to set aside certain judgments confessed by defendant Schwab to protect certain creditors, and also an assignment of all his property as fraudulent.
1Opinion of the CourtIngraham, J.
By the evidence in this case it is established that the confessed judgment and the assignment were together one plan whereby all the property of the assignors was to be disposed of. The assignor testified that on the morning that the assignment was executed he told Mr. Wallach that “I had to make an assignment, owing to my father’s death, and told him I wanted to protect these men, [the persons in whose favor the judgments were confessed,] and, at his suggestion, that was the mode in which it was done. Then the confessed judgments were made out first.” The instructions given by the assignor…
2Cited by4 opinions
- Berger v. . VarrelmannNew York Court of Appeals · 1891
- First National Bank v. BardNew York Supreme Court · 1891
- Hyman v. BarmonWashington Supreme Court · 1893
- Berger v. VarrelmannNew York Supreme Court · 1890