Bennett v. McGuire
New York Supreme Court
The action was brought to set aside an assignment of a bond and mortgage as fraudulent,-and tried at Special Term in Saratoga county before Justice Bockes, without a jury, in January, 1871. It appeared upon the trial that the defendant, Hugh McGuire, at the commencement of the year 1870, and while owning and living upon a certain farm, situated in the county of Saratoga, became indebted to the respondent; that on the 4th day of May, 1870, the plaintiff recovered judgment…
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The action was brought to set aside an assignment of a bond and mortgage as fraudulent,-and tried at Special Term in Saratoga county before Justice Bockes, without a jury, in January, 1871. It appeared upon the trial that the defendant, Hugh McGuire, at the commencement of the year 1870, and while owning and living upon a certain farm, situated in the county of Saratoga, became indebted to the respondent; that on the 4th day of May, 1870, the plaintiff recovered judgment upon the claim against Hugh McGuire for the sum of $203.10 damages and costs before a justice of the peace in said county;…
1Opinion of the Court
By the Court
Miller, P. J.
This action was brought by a judgment creditor of the defendant, Hugh McGuire, -to set aside an assignment of a bond and mortgage belonging to said defendant, McGuire, and by him assigned to the defendant Armstrong, and by said Armstrong assigned to the wife of McGuire, who is also made a defendant. It is based upon the ground that the assignment was without consideration, and was fraudulent and void as to the plaintiff.
It is insisted by the defendant’s counsel that the action should have been brought in the name of a receiver under section 299 of the Code, and not in…
2Cases cited8 opinions
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Dygert v. RemerschniderNew York Court of Appeals · 1865
- Hammond v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Wood v. HuntNew York Supreme Court · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Passavant v. BowdoinNew York Supreme Court · 1891