McCartney v. Welch
New York Supreme Court
OBACE B. CLAFLBST and others, composing the firm of Claflin, Mellen & Co., recovered a judgment against Samuel M. Welch, in the supreme court, on the 11th day of October, 1861, for $390.89 ; execution was issued and returned unsatisfied, and the plaintiff commenced an action on the 28th day of January, 1863, against Welch and his voluntary assignees, Bradner and Van Derlip, to set aside the assignment and satisfy the judgment out of the assigned property.
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OBACE B. CLAFLBST and others, composing the firm of Claflin, Mellen & Co., recovered a judgment against Samuel M. Welch, in the supreme court, on the 11th day of October, 1861, for $390.89 ; execution was issued and returned unsatisfied, and the plaintiff commenced an action on the 28th day of January, 1863, against Welch and his voluntary assignees, Bradner and Van Derlip, to set aside the assignment and satisfy the judgment out of the assigned property. The same plaintiffs subsequently recovered another judgment against Welch, on the 18th day of December, 1861, for $179.52; execution was…
1Dissent
James C. Smith, J. (dissenting.)
The conveyance to Welch was executed not only for the purpose of ultimately securing to his wife the proceeds of the lands conveyed, but also for the purpose of devoting those proceeds, in the mean time, to the use and benefit of Welch, in his own right. The court found that the conveyance was executed upon a verbal agreement between Wood, the grantor, .and Welch, the grantee, that Welch might and should dispose of the said land, and of the timber thereon, and take and -use the avails and proceeds thereof,' as- capital in Ins business of a merchant, in which he…
2Cases cited8 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Garlick v. StrongNew York Court of Chancery · 1831
- Sherman v. . ElderNew York Court of Appeals · 1862
- Webb v. Daggett & GreenNew York Supreme Court · 1847
- Schaffner v. ReuterNew York Supreme Court · 1862
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