Loos v. . Wilkinson
New York Court of Appeals
Appeal by defendant, John Wilkinson, from order of the General Term of the Supreme Court in the fourth judicial department, made January 19, 1889, the nature of which is hereinafter stated.
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Appeal by defendant, John Wilkinson, from order of the General Term of the Supreme Court in the fourth judicial department, made January 19, 1889, the nature of which is hereinafter stated. This action was commenced by plaintiffs, judgment-creditors of J. Forman Wilkinson and Alfred Wilkinson, to set aside certain conveyances of real estate situate in the city of Syracuse, made by their debtors to John Wilkinson, on the ground that they were executed by the grantors, and taken by the grantee with intent to defraud the creditors of the grantors. The action resulted in a judgment setting aside…
1Opinion of the CourtEarl, J.
Upon the trial of this action it was adjudged that the deed from J. Forman and Alfred Wilkinson to Jolm. Wilkinson was executed and delivered by them and received by him with intent on the part of each of them to 'hinder, delay, cheat and defraud the plaintiffs and other creditors of the grantors, and that it was, therefore, fraudulent and void and should be set aside. It was held at the General Term, by the decision now under review, that, because the grantee, John Wilkinson, was an active and guilty participant in the fraud, he was entitled to no deduction from the gross amount of rents…
2Cases cited21 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Van Horne v. FondaNew York Court of Chancery · 1821
- Railroad Company v. Soutter Et Al.Supreme Court of the United States · 1872
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Tremaine v. Hitchcock & Co.Supreme Court of the United States · 1875
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3Cited by54 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1935
- In Re McCrory Stores CorporationDistrict Court, S.D. New York · 1935
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- Costich v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1902
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