13 N.Y.S. 492 | N.Y. Sup. Ct. | 1891
The complaint states that the defendant Horatio R. Wilcox was a large stockholder in the Middletown national Bank; that the bank failed, and an assessment was made of 100 per cent, on his stock to pay debts and liabilities; that Wilcox failed to pay; and that the receiver of the bank sued him, and obtained a judgment against him; and that the plaintiff is the receiver appointed upon proceedings in that action. The complaint then avers that Horatio R. Wilcox and the other defendants formed a plan by which nearly all of the property, real and personal, of the judgment debtor sliou.ld be put “ out of his hands;” that a part of the scheme was through a judgment of the court by which the heirs of Henry Kinsley, Sr., were to establish large