Moissen v. Browne — 29 N.Y.S. 1146

Majority

p. 1146

MOISSEN, Respondent, v. BROWNE, Appellant.

(City Court of Brooklyn, General Term.

June 25, 1894.)

Headnote

Action by Francis J. Moissen against Henry H. Browne, receiver. Geo. B. Boyd, for appellant. Francis J. Moissen, for respondent.

The only points before us are the-exception to the conclusion of law, and the exceptions to the refusal to find conclusions of law, as requested by defendant. Valentine v. Austin, 124 N. Y. 400 , 404, 26 N. E. 973 . There is no finding of fact that there was any fraudulent intent on the part of the respondent, and there is no finding as to tneamount due to him at the time of the transfer by the judgment debtor. We think that the conclusion, of law at folio 86 must be sustained on the ground that it follows from the findings of fact. If there-was no fraudulent intent on the part of plaintiff, the-assignment was good for services already rendered, and probably for such services as were definitely

p. 1147

agreed to at the time of the delivery of the assignment. Swift v. Hart, 35 Hun, 128 ; Paper Co. v. O’Dougherty, 36 Hun, 79 . Judgment affirmed, with costs.

Cases cited

Valentine v. Austin 124 N. Y. 400 N.Y. 1891-03-10 at 404, 26 p. 1146