Fulton v. Fulton
New York Supreme Court
APPEAL from an order made at a special term, held by Justice Barnard, setting aside a nonsuit granted at the circuit court, held by Justice Brown, and granting a new trial to the plaintiff. The action was brought by the plaintiff, as administrator, &c. of John Fulton, jun. deceased.
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APPEAL from an order made at a special term, held by Justice Barnard, setting aside a nonsuit granted at the circuit court, held by Justice Brown, and granting a new trial to the plaintiff. The action was brought by the plaintiff, as administrator, &c. of John Fulton, jun. deceased. The complaint alleged “ the death of John Fulton, jun. in January, 1858, and that he had in his possession at his death three certain promissory notes, dated December 10,1857,” each of the value of $500, of which one was in the following words : “ Seven years after the decease of John Fulton and Mary his wife, of…
1Opinion of the Court
By the Court, Gilbert, J.
1. The validity of the transaction which gave rise to the notes in controversy, was affirmed by this court in the case of this plaintiff against the makers of the notes. It was sought in that , case to impeach the sale in part consideration of which the notes were given, on the ground that it was fraudulent as to the creditors of the intestate. The court, however, held otherwise, and we must be governed by that decision.
2. Irrespective of the question whether there was a valid and effectual gift of the money which the makers of the notes thereby promised to pay to the…
2Cases cited3 opinions
- Scrugham v. WoodNew York Supreme Court · 1836
- Grangiac v. ArdenNew York Supreme Court · 1813
- Scott v. SimesThe Superior Court of New York City · 1863
3Cited by15 opinions
- Driscoll v. DriscollCalifornia Supreme Court · 1904
- Fain v. SmithOregon Supreme Court · 1886
- Matson v. AbbeyNew York Supreme Court · 1893
- In re the Estate of PastoreNew York Surrogate's Court · 1935
- Parker v. First National BankNorth Dakota Supreme Court · 1892
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