Wilson v. Forsyth
New York Supreme Court
ACTION to set aside an assignment made by James C. Forsyth, of his property, in trust for the benefit of his creditors. The complaint set forth, that on the 13th of September, 1853, the plaintiff obtained a warrant of attachment against the property of James C. Forsyth, and delivered the same to the sheriff of Ulster county, commanding him to attach the real and personal property of said James C. Forsyth in said county; that certain real and personal estate was attached…
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ACTION to set aside an assignment made by James C. Forsyth, of his property, in trust for the benefit of his creditors. The complaint set forth, that on the 13th of September, 1853, the plaintiff obtained a warrant of attachment against the property of James C. Forsyth, and delivered the same to the sheriff of Ulster county, commanding him to attach the real and personal property of said James C. Forsyth in said county; that certain real and personal estate was attached thereon, by the sheriff; and that the plaintiff afterwards, and on the 23d day of January, 1854, obtained a judgment against…
1Opinion of the Court
By the Court, Gould, J.
The defendant Robert A. Forsyth takes, in this case, a preliminary point; that the plaintiff, on his own showing, is not entitled to any relief, even if the assign*118ment be fraudulent. The principles bearing on this point, are these: Where a debtor interposes a fraudulent obstruction, to prevent his creditor’s collecting a judgment, on which judgment the creditor’s remedy (as against the specific property covered by the fraud) would have been ample at law, but for the fraudulent obstruction, a court will interpose its equitable jurisdiction to clear away that obstruction…
2Cases cited4 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Boardman v. HallidayNew York Court of Chancery · 1843
- Rathbun v. PlatnerNew York Supreme Court · 1854
- Planck v. SchermerhornNew York Court of Chancery · 1847
3Cited by22 opinions
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Allen v. TritchSupreme Court of Colorado · 1880
- Savage v. . Knight and BryantSupreme Court of North Carolina · 1885
- Gere v. MurraySupreme Court of Minnesota · 1861
- McCullough v. ColbyThe Superior Court of New York City · 1859
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