Lummis v. Van Dyke
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, St. Lawrence county. Action by Gharles A. Lummis against Margaret A. Van Dyke and Simon M. Jacobson to set aside a confession of judgment by said Jacobson, and certain mortgages executed by him as in fraud of his creditors. There was a judgment in favor of plaintiff, and defendant Van Dyke appeals.
1Opinion of the CourtParker, P. J.
It is claimed by the plaintiff in this action that the defendant conspired with one Jacobson to defraud his (Jacobson’s) creditors, and entered into the following fraudulent agreement: Judgment was confessed by Jacobson to defendant for the sum of $948.70 on July 13, 1894, upon two fictitious demands,—one a note of $600 and accrued interest; the other for money paid by defendant to Jacobson’s use, on a note for $300, which she had signed as surety for him to one W. E. Jones. Execution was issued upon such judgment, and the store of goods belonging to Jacobson—and for which he was mostly…
2Cases cited3 opinions
- Losee v. MoreyNew York Supreme Court · 1865
- Stevens v. TraskNew York Court of Common Pleas · 1892
- Smith v. GunnNew York Supreme Court · 1891
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