13 N.Y.S. 231 | The Superior Court of the City of New York and Buffalo | 1891
The action was commenced by the plaintiff, as receiver of the property of the defendant Richard 'L. Shulhof, appointed in supplemental proceedings against the said defendant, to set aside a general assignment for the benefit of creditors made by the said defendant to defendant Loew, and certain transfers of a portion of the assigned property by Loew to the defendant Kraus, and by Kraus to defendant Clara Shulhof, as fraudulent. The relief demanded was that the assignment be declared void; that the defendants be adjudged to account for all the property received by them; and that the plaintiff be authorized to pay out of the proceeds of the property the judgment of the creditors at whose suit' he was appointed, and the costs of this action, and to hold the balance subject to the order of the court. The defendant Loew failed to answer. The other defendants- answered, denying the fraud. The court found that the assignment by Richard L. Shulhof to Loew was made with the intent to hinder, delay, and defraud the creditors of said Richard Shulhof; that there was no actual change of possession of the property assigned to Loew, except of one sum of $300, and that Richard L. Shulhof remained in possession and had control of the assigned property until the same was destroyed by fire in March, 1887; that there was no consideration for the bill of sale of the property by Loew to Kraus, or for the bill of sale by Kraus to Clara Shulhof; that none of the property pretended to be assigned by the said bills of sale was ever in the possession or under the control of said Kraus or said Clara Shulhof; tint the value of the property that was assigned to Loew, and included in the bills of sale, amounted to more than sufficient to satisfy the claims of the plaintiff; and, as conclusion of law, that the assignment to Loew was void; that the said bills of sale were fraudulent and void; and that plaintiff is entitled to recover a money judgment against all the