Legal Opinion

Aultman Taylor Co. v. . Syme

New York Court of Appeals

Decided May 1, 1900PublishedCited by 72 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 21,1897, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. No valid execution was ever issued upon the judgment. (L. 1894, ch. 447; Code Civ. Pro. §§ 123, 1239, 1246 ; F. H. Nat.

Read the full summary

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 21,1897, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. No valid execution was ever issued upon the judgment. (L. 1894, ch. 447; Code Civ. Pro. §§ 123, 1239, 1246 ; F. H. Nat. Bank v. Bussing, 147 N. Y. 665; O. Nat. Bank v. Olcott, 46 N. Y. 12; Harvey v. Brisbin, 143 N. Y. 151; Adsit v. Butler, 87 N.…

1Opinion of the Court

The plaintiff brought a creditor's action to set aside an assignment made by the defendant Frederick J. Syme and his wife, the defendant Mary A. Syme, of the interest of the former in the residuary estate of his uncle, David H. Syme.

The court below held that the evidence was insufficient to sustain the conclusion of the trial court that said assignment was fraudulent; also, that the execution on plaintiff's original judgment was issued without leave after the statutory period of five years, and was, therefore, void.

As this view of the case left the plaintiff no foundation for the present…

2Cases cited28 opinions

  1. Arnold and Others v. The United StatesSupreme Court of the United States · 1815
  2. Dutcher v. WrightSupreme Court of the United States · 1877
  3. Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
  4. Taylor v. BrownSupreme Court of the United States · 1893
  5. Cornell v. MoultonNew York Supreme Court · 1846

23 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. Jackson v. Citizens Casualty Co.New York Court of Appeals · 1938
  2. Hall v. LeonardAppellate Division of the Supreme Court of the State of New York · 1940
  3. Siegelschiffer v. Penn Mut. Life Ins.Court of Appeals for the Second Circuit · 1917
  4. People v. GallinaAppellate Division of the Supreme Court of the State of New York · 1983
  5. Claim of O'Esau v. E. W. Bliss Co.Appellate Division of the Supreme Court of the State of New York · 1919

67 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API