Maasch v. Grauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, August G. Grauer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 27th day of May, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Gaynor, J.:
The plaintiff having prevailed in her action as a judgment creditor to set aside a conveyance of real property by the judgment debtor to this defendant in fraud of creditors, brought this action.to make tlie defendant account for the rents and profits thereof received by him as fraudulent grantee. Judgment should have been given for the defendant. A cause of action, cannot be split up, and a separate action brought on each part. Only one action may be maintained for one cause of action in ■ its entirety, and the judgment therein is res adgudioataot all parts of siich cause of…
2Cases cited4 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Clemens v. . ClemensNew York Court of Appeals · 1867
- Bracken v. . Atlantic Trust Co.New York Court of Appeals · 1901
- Remsen v. New York, Brooklyn & Manhattan Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Dickinson v. TysenAppellate Division of the Supreme Court of the State of New York · 1908
- Fleet v. Rhode (In Re Fleet)District Court, E.D. Pennsylvania · 1990
- Janson v. SchierSupreme Court of New Hampshire · 1977
- Searing v. CohenCity of New York Municipal Court · 1948