Forbes v. Waller
New York Court of Appeals
Appeal from the Superior Court of the city of Eew York. This action was originally commenced by the plaintiff, as judgment creditor of Robert Waller, against the debtor and his assignee, Thomas Waller, to set aside an assignment made by Robert to Thomas for the benefit of the creditors of the former, and subject the assigned property to the payment of the plaintiff’s judgment.
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Appeal from the Superior Court of the city of Eew York. This action was originally commenced by the plaintiff, as judgment creditor of Robert Waller, against the debtor and his assignee, Thomas Waller, to set aside an assignment made by Robert to Thomas for the benefit of the creditors of the former, and subject the assigned property to the payment of the plaintiff’s judgment. Aftér the commencement of the action, Edward Logan was appointed receiver of the assigned property, in an action at the suit of one of the creditors of the assignor preferred in the assignment, and the assignor and…
1Opinion of the CourtAllen, J.
This action is not strictly a creditor’s suit to reach tbe equitable interests and things in action of the debtor, but a suit to reach and subject to the payment of the judgment specific property fraudulently placed beyond the reach of legal process. The plaintiff asks no relief against the property of the debtor which is not the subject of seizure on exe*434cution, but confines his claim to the goods or property actually transferred by the fraudulent assignment, and the seizure and sale of which, under the execution, is prevented solely by the fraudulent and collusive acts of the parties to that…
2Cases cited8 opinions
- Griffin v. . MarquardtNew York Court of Appeals · 1860
- Cassidy v. MeachamNew York Court of Chancery · 1831
- Stoors v. KelseyNew York Court of Chancery · 1831
- Evans v. ParkerNew York Supreme Court · 1838
- Storm v. BadgerNew York Court of Chancery · 1840
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3Cited by2 opinions
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1874
- Wood v. PeopleNew York Court of Appeals · 1874