Canton Brick Co. v. . Howlett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in • the fourth judicial department, entered August 1, 1900, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in • the fourth judicial department, entered August 1, 1900, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee ■ having found as a fact that the defendant IIowlett did not participate in the fraudulent intent of the Ilo’niers in making the assignment, the complaint which seeks to set aside the assignment as fraudulent and void as to creditors should have been «dismissed, and it was erroneous to…
1Opinion of the CourtCullen, J.
The plaintiff, a judgment creditor of the firm of Homer & Company, after the return of an execution unsatisfied, brought' this action against the members of the firm and the defendant, Alfred A. Howlett, to have an assignment made by said firm to said Howlett of three contracts for the repaving of streets in the city of Syracuse declared fraudulent and void as against its judgment. It further asked that the defendant Howlett be restrained from the further performance of the contracts and be directed to account for all moneys received thereunder. Howlett .answered denying all fraud. The…
2Cases cited3 opinions
- Russell v. . McCallNew York Court of Appeals · 1894
- Stevens v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1881
- Clark v. . PostNew York Court of Appeals · 1889
3Cited by7 opinions
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Young v. . ValentineNew York Court of Appeals · 1904
- Osborn v. . CardezaNew York Court of Appeals · 1913
- Beer v. Clyde Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1925
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