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· 4/29/1987

Atlanta Shipping Corporation, Inc. v. Chemical Bank

Citations

  • 818 F.2d 240
  • 1987 A.M.C. 1856
  • 3 U.C.C. Rep. Serv. 2d (West) 1618
  • 1987 U.S. App. LEXIS 5752

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • construing the “good faith” element of “fair consideration” under section 272 of the New York Debtor & Creditor Law 14
  • stating that “averments of fraud and mistake be pleaded with particularity”
  • affirming dismissal of claims brought under the constructive fraud provisions of the NYDCL because payments to lender “satisfied an antecedent debt” and lender was not an officer, director or shareholder of transferee
  • considering whether “admiralty jurisdiction is available to consider an equitable claim to set aside a transfer to a creditor allegedly made to frustrate payment of a maritime debt’’
  • New York common law recognizes a cause of action for aiding and abetting wrongful diversion of funds
  • a plaintiff must show that the defendant knowingly completed acts with the purpose of aiding and abetting the accomplishment of an illegal scheme

Source: CourtListener parenthetical corpus (CC0).

Judges: Meskill, Newman, Van Graafeiland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.