Aultman Taylor Co. v. . Syme
New York Court of Appeals
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.
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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
- Arnold and Others v. The United StatesSupreme Court of the United States · 1815
- Dutcher v. WrightSupreme Court of the United States · 1877
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
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- Cornell v. MoultonNew York Supreme Court · 1846
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