103 N.Y.S. 1 | N.Y. App. Div. | 1907
The judgment appealed from must he reversed. There-is absolutely no evidence to sustain a finding that the assignment of the Baker & Berringer notes or the trade marks was .made for the purpose of. hindering, delaying or defrauding creditors or that the money paid to the firm of Warner & Co. on the indebetdness of the J. F. Smith & Company after the 25th of March, 1899, was paid with the intent of giving that firm a preference over other creditors. Warner & Co. had been dealing with the corporation for several years, during the course of which and on the 25th of March,
The- judgment appealed from, therefore, must be reversed and a new trial ordered, with Costs to appellant to abide' event.
Patterson, P. J., Ingraham, Olarké and Soott, JJ., concurred.
Judgment reversed, new trial ordered, costs to appellant to abide event. Order filed.