Ga Nun v. . Palmer
New York Court of Appeals
Appeal from a judgment, entered December 24, 1913, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. 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, entered December 24, 1913, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal of the complaint by the Appellate Division upon the sole ground, as stated in its order, that the instrument in suit, so far as regards the provision for the payment of $20,000, is testamentary in…
1Opinion of the CourtCardozo, J.
The plaintiff asserts that she is a creditor of Jane M. Sands, deceased, and that transfers in fraud of her rights as a creditor were made by the debtor during life. Disaffirming the fraudulent transfers, she brings this action to set them aside (Personal Property Law [Cons. Laws, ch. 41], § 19; Real Property Law [Cons. Laws, ch. 50], § 268). Her position as a creditor is disputed; the intent to defraud her is denied. A judgment in her favor has been reversed by the Appellate Division, and her complaint dismissed.
In November, 1899, Jane M. Sands was over seventy years of age. She was…
2Cases cited26 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Coleman v. . BurrNew York Court of Appeals · 1883
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Smith v. . ReidNew York Court of Appeals · 1892
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3Cited by88 opinions
- Venizelos, S.A. v. Chase Manhattan BankCourt of Appeals for the Second Circuit · 1970
- Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
- Papineau v. CommissionerUnited States Tax Court · 1957
- Mandel v. LiebmanNew York Court of Appeals · 1951
- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
83 more not listed; retrieve them via the Exa API.