Wegman v. Childs
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. The plaintiff is the receiver appointed in supplementary proceedings before the county judge of Monroe county, instituted by Henry Davis, to obtain payment of a judgment recovered in'that court in September, 1846, against Eufus Childs, after an execution had been issued on said judgment, and returned unsatisfied. In February 1860, Davis applied to the supreme court for leave to issue an execution upon the judgment.
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APPEAL from a judgment entered on the report of a referee. The plaintiff is the receiver appointed in supplementary proceedings before the county judge of Monroe county, instituted by Henry Davis, to obtain payment of a judgment recovered in'that court in September, 1846, against Eufus Childs, after an execution had been issued on said judgment, and returned unsatisfied. In February 1860, Davis applied to the supreme court for leave to issue an execution upon the judgment. Leave was granted, and an execution was issued in pursuance of such order of the supreme court, and was returned…
1Opinion of the Court
By the Court, Welles, J.
The question whether the assignment and transfer by the defendant, Eufus Childs, to the defendant, Gilbert C. Childs, of the claim of the former to the house and lot in question, and of the contract of the former with Limbocker for the purchase thereof,, was fraudulent as against Eufus Childs, stands, upon the present case, substantially as it did when the case was before us on a former occasion. We then held that such assignment and transfer was fraudulent and void as against the creditors of Eufus Childs. On that occasion no question was raised or considered as to…
2Cited by3 opinions
- Barber v. BriscoeMontana Supreme Court · 1890
- Holbrook v. OrglerThe Superior Court of New York City · 1875
- Holbrook v. OrglerThe Superior Court of New York City · 1875