Appellate Division of the Supreme Court of New York, 1928

Duncan v. Stoneham

Duncan v. Stoneham
Appellate Division of the Supreme Court of New York · Decided April 15, 1928
223 A.D. 820
Duncan v. Stoneham

Opinion of the Court

Per Curiam.

When this action is viewed in the light of a conspiracy to defraud (of which there was ample evidence to sustain the finding of the jury) resulting in transferring the obligation to the bankrupt and leaving the assets with the appellants, the alleged errors largely disappear. Those which remain must be disregarded for the reason stated in the opinion per curiam in.the case of Harford v. Stoneham (ante, p. 820), herewith handed down. The judgment and order appealed from should, therefore, be affirmed, with costs. Present-— Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ. Judgment and order affirmed, with costs.

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