Starr Piano Co. v. Sammak

Headnote

Debtor and creditor —fraudulent conveyance — liability of transferee to account for assets conveyed.

Starr Piano Co. v. Sammak, 202 App. Div. 767 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 17, 1922, which unanimously affirmed an order of Special Term declaring void as to creditors a transfer of property by defendant Michael A. Sammak, appointing a receiver and directing defendant Sammak Piano Company to account for and turn over to said receiver all property which had come into its possession by virtue of said transfer.

The following question was certified: “ Is the defendant, Sammak Piano Company, Inc., liable to account to the receiver appointed herein for all of the assets of Michael A. Sammak which were transferred to it by the transfer made in violation of the Bulk Sales Act on October 19,

1919, and in particular the leases or conditional sale contracts and notes which the defendant held to secure the balance of the unpaid pinchase price for musical instruments which he had sold? ”