Boshart v. Kirley
New York Supreme Court
Action brought under the Personal Property Law (L. 1897, ch. 417) by the plaintiff, a creditor of E. Peter Kirley, an alleged insolvent debtor, to attack as fraudulent a chattel mortgage executed by him to the defendant, Frederick S. Easton.
1Opinion of the CourtHiscock, J.
This action is brought under section 7, chapter 417, Laws of 1897, which provides that “ A creditor of a deceased insolvent debtor, having a claim against the estate of such debtor, exceeding in amount the sum of one hundred dollars, may, without obtaining a judgment on such claim * * * for the benefit -of himself and other creditors interested in said estate, dis-affirm, treat as void and resist any act done or conveyance, transfer -or agreement made in fraud of creditors or maintain an action to set aside such -act, conveyance, transfer or agreement.”
The transfer which plaintiff attacks as…
2Cases cited3 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Potts v. . HartNew York Court of Appeals · 1885
- Hardin v. DolgeAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- V. G. Pfluke Co. v. PapuliasNew York Supreme Court · 1903
- Boshart v. EastonAppellate Division of the Supreme Court of the State of New York · 1901