Commercial Bank of Rochester v. Bolton
New York Supreme Court
Appeal from special term, Monroe county. Two actions, one by the Commercial Bank of Rochester and Menzo Van Voorhis against Thomas Bolton, Catherine Bolton, Frederick A. Sherwood and Hermann Behn, the other by the Union Bank of Rochester against the same defendants, to set aside a conveyance as fraudulent. From a judgment against defendants Bolton and Sherwood, they appeal. Reversed as to Sherwood and Catherine Bolton.
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Appeal from special term, Monroe county. Two actions, one by the Commercial Bank of Rochester and Menzo Van Voorhis against Thomas Bolton, Catherine Bolton, Frederick A. Sherwood and Hermann Behn, the other by the Union Bank of Rochester against the same defendants, to set aside a conveyance as fraudulent. From a judgment against defendants Bolton and Sherwood, they appeal. Reversed as to Sherwood and Catherine Bolton. The plaintiffs are judgment creditors of the defendant Thomas Bolton. The Commercial Bank recovered judgments against him September 13, 1893, for $2,115.40; September 20, 1893,…
1Opinion of the CourtBradley, J.
The alleged defense, and that which the defendants gave evidence tending to prove, in answer to the charge of fraud, was that the sale and purchase were made in good faith and for a consideration existing in the indebtedness of Thomas Bolton to the defendants Mrs. Bolton and Sherwood, respectively, and in payment of such indebtedness to them. It appears that Thomas Bolton commenced the business in or about the year 1872, and continued until early in the year 1883, when, by reason of a personal injury received by him, he was advised to discontinue his business, for a time at least. He then…
2Cases cited18 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Starin v. . KellyNew York Court of Appeals · 1882
- Billings v. . RussellNew York Court of Appeals · 1886
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
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3Cited by5 opinions
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Commercial Bank v. BoltonAppellate Division of the Supreme Court of the State of New York · 1897
- Birdsall, Waite & Perry Manufacturing Co. v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1898
- Birdsall, Waite & Perry Mfg. Co. v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1898
- Tittle v. ValkenburgAppellate Division of the Supreme Court of the State of New York · 1902