(Download) "Eaton Factors Co. v. Double Eagle Corp." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Eaton Factors Co. v. Double Eagle Corp.
- Author : Supreme Court of New York
- Release Date : January 23, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is an appeal from an order denying a motion to vacate an attachment. The warrant was applied for and issued against the property of the individual defendants, appellants here, on the alleged ground that they have removed or are about to remove property from the State with intent to defraud their creditors, or have assigned, disposed of or secreted, or are about to assign, dispose of or secrete property with the like intent. (Civ. Prac. Act, § 903, subd. 3.) The basis of the plaintiff's charge in this connection was that the appellants, being the sole stockholders and officers of the corporate defendant, caused or participated in the secreting, removal or disposal of corporate assets and its trucking business, including certain trucks and trailers owned by it and mortgaged to the plaintiff; and that this was accomplished with the intent to defraud the plaintiff. The trucks, trailers or other assets of the corporation, a separate entity, would not, however, have been subject to the claims of appellants' creditors as such, and thus, the secreting or disposal of such assets could not result in their being