Robinson v. Wiley
New York Supreme Court
APPEAL by the defendant from a judgment entered upon . the report of a referee. The following facts were found by the referee: That on the 2d day of January, 1854, Oren Sage and Edwin Pancost recovered a judgment against the defendant, which was duly docketed on that day in the clerk’s office of Monroe county, for §337.29 damages and costs, and that a transcript of the docket was filed in the clerk’s office of the county of Genesee on the 3d day of the same month of January;…
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APPEAL by the defendant from a judgment entered upon . the report of a referee. The following facts were found by the referee: That on the 2d day of January, 1854, Oren Sage and Edwin Pancost recovered a judgment against the defendant, which was duly docketed on that day in the clerk’s office of Monroe county, for §337.29 damages and costs, and that a transcript of the docket was filed in the clerk’s office of the county of Genesee on the 3d day of the same month of January; that the same parties recovered another judgment in this court against the defendant, on the 10th day of February,…
1Opinion of the Court
By the Court,
T. R. Strong, J.
Assuming that the goods, for the price of which the notes, upon which the judgments were recovered, were given, were sold upon the faith of a false and fraudulent representation by the defendant, that he was worth $2500 to $3000, over and above his debts, it forms no sufficient ground for giving the judgments priority, in respect to the real estate mentioned in the complaint, to the exemption thereof from sale on execution, which had been secured under chapter 260 of the laws of 1850, and was in force at the time of the sale. If fraud, in regard to the defendant’s…
2Cited by1 opinion
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