Cole v. . Tyler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming á judgment in favor of plaintiff entered upon a decision of the court at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming á judgment in favor of plaintiff entered upon a decision of the court at Special Term. This action was brought to set aside certain conveyances from John Orawford to Samuel J. Glassey, and from Glassey to Sarah E. Crawford, as being without consideration and fraudulent as to the plaintiff, a creditor of said John Crawford, and to apply the property so conveyed to the payment of a judgment recovered by the plaintiff against the said John Crawford. The court found, in substance, that…
1Opinion of the Court
Dwight, C.
It is objected by the appellants that the judgment in this case was erroneous in directing a sale by a receiver; and that the proper course, if the conveyances to Mrs. Crawford were to be set aside, was to have the plaintiff to sell on execution against Crawford, on his original judgment. ,
This objection cannot be sustained. The court has power to order a transfer to a receiver in such cases. (Chatauque Country Bank v. Risley, 19 N. Y., 369.) The practice, as laid down in that case, permits the court to make an order that the judgment debtor should convey to the receiver. That…
2Cases cited3 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
3Cited by44 opinions
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- Pereira v. Checkmate Communications Co. (In Re Checkmate Stereo & Electronics, Ltd.)United States Bankruptcy Court, E.D. New York · 1981
- Feist v. DruckermanCourt of Appeals for the Second Circuit · 1934
- Hassett v. Far West Federal Savings & Loan Ass'n (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1984
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