Eichholz v. Polack — 208 N.Y. 637

Majority

p. 637

Adolph Eichholz, as Trustee in Bankruptcy of John McKim, Individually, and Trading as John McKim and Company, Respondent and Appellant, v. Isaac Polack et al., Copartners, under the Firm Name of Polack & Goldstone, et al., Appellants and Respondents.

Headnote

JMchholz v. Polack, 140 App. Div. 551 , reversed.

(Argued May 20, 1913;

decided June 3, 1913.)

Cross-appeals from a judgment of the Appellate Divisioli of the Supreme Court in the first judicial department, entered December 19, 1910, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to set aside an alleged fraudulent transfer.

Nathan D. Stern and Julius J. Michael for plaintiff, respondent and appellant.

Dean Emery and Frederic B. Kellogg for defendants, appellants and respondents.

Judgment of the Appellate Division so far as it modified the judgment of the Special Term reversed, and the judgment of the Special Term in all things affirmed, with costs to plaintiff in both courts; no opinion.

■ Concur; Cullen, Oh. J., Gray, Chase, Cuddeback and Hogan, JJ. Not voting: Willard Bartlett, J. Not sitting: Miller, J.