Royer Wheel Co. v. . Fielding
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 9, 1883, which affirmed, so far as appealed from, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 31 Hun, 274.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 9, 1883, which affirmed, so far as appealed from, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 31 Hun, 274.) The nature of the action and the material facts are stated in the opinion. The complaint should have been dismissed upon the defendant’s motion, on the ground that the plaintiff had no standing in court to maintain a creditor’s suit. (Pardee v. De Cala, 7 Paige, 132; McElwain v. Willis, 9…
1Opinion of the CourtMiller, J.
This action is in the nature of a creditor’s bill, and was commenced to set aside as fraudulent:
First. A general assignment for the benefit of creditors, made by the firm of Fielding Brothers, consisting of George and Robert Fielding, to the defendant Robert W. Fielding, dated ¡November 6, 1880.
Second. Two conveyances of two separate pieces of land, made by George Fielding in his life-time, to his son James E. Fielding, dated ¡November 3, 1880, for the nominal consideration expressed in the deeds of one dollar.
Third. A conveyance of certain real estate, dated ¡November 15, 1880, from Robert…
2Cases cited1 opinion
- Erickson v. . QuinnNew York Court of Appeals · 1872
3Cited by23 opinions
- Crook v. . RindskopfNew York Court of Appeals · 1887
- Delaney v. . ValentineNew York Court of Appeals · 1898
- People v. . Mercantile Credit Guarantee Co.New York Court of Appeals · 1901
- Hine v. . BoweNew York Court of Appeals · 1889
- Clarkson v. DunningNew York Supreme Court · 1889
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