Edwards v. . Woodruff
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 20, 1881, which affirmed an order of Special Term denying a motion on behalf of defendant Woodruff to set aside a judgment herein. The nature of the action and the material facts are stated in the opinion. The order is appealable. It was not discretionary with the court below whether the judgment should stand or not. (Blossom v. Estes, 84 N. Y. 614; Equitable L. Ins.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 20, 1881, which affirmed an order of Special Term denying a motion on behalf of defendant Woodruff to set aside a judgment herein. The nature of the action and the material facts are stated in the opinion. The order is appealable. It was not discretionary with the court below whether the judgment should stand or not. (Blossom v. Estes, 84 N. Y. 614; Equitable L. Ins. Co. v. Stevens, 63 id. 341; White v. Coulter, 59 id. 629; Rice v. Ehle, 55 id. 518, 524; Code of Civil Procedure, §…
1Opinion of the CourtRapallo, J.
This action was brought to set aside, as having been obtained by fraud, a transfer by the plaintiff Edwards to his partner Downs, of the plaintiff’s interest in the copartnership property of the firm of Edwards & Downs, and in certain real estate which had been occupied by that firm and was claimed by Edwards to have been partnership property, and also to set aside a general assignment of the same property subsequently made by Downs to the defendant Wheeler in trust for the payment of the partnership debts of Edwards & Downs, and the individual debts of Downs. The defendants Woodruff, Spencer…
2Cited by11 opinions
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- Ostrander v. . HartNew York Court of Appeals · 1892
- Capper v. Short Et Ux.Court of Appeals of Kentucky (pre-1976) · 1928
- Balch v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899
- Hinkle v. SullivanAppellate Division of the Supreme Court of the State of New York · 1905
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