Le Roy v. Marshall
New York Supreme Court
The plaintiff having a judgment against Stephen Briggs, Henry Briggs and Elias Alley, upon which an execution had been returned unsatisfied, brings this action to reach certain property assigned by Stephen, for the benefit of his creditors.
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The plaintiff having a judgment against Stephen Briggs, Henry Briggs and Elias Alley, upon which an execution had been returned unsatisfied, brings this action to reach certain property assigned by Stephen, for the benefit of his creditors. It is alleged that the assignment was made to hinder, delay, and defraud creditors, and especially, that it fraudulently provided for the payment of two notes, of |500 each, given by Stephen to two of his sons, which notes, the complaint avers, were given without consideration. The answer of all the defendants sets up, among other things, that said Stephen…
1Opinion of the Court
Barculo, Justice.
The decision of this motion depends upon adopting or rejecting the principle laid down in Williams agt. Hays, (5 How. Pr. Rep., 470;) Milliken agt. Cary, (5 id. 272,) and some other kindred cases. That principle requires us to apply the same rules to pleadings in equitable as in legal actions. If we are governed by those cases, this motion must be granted; for it cannot be said that the matters complained of deny any material allegations of the complaint, or constitute “ a defence -dn^pphter claim,” within the terms of the Code.
But I apprehend that the cases above referred…
2Cases cited2 opinions
- Mathewson v. ClarkeSupreme Court of the United States · 1848
- Williams v. HayesNew York Supreme Court · 1851