First National Bank v. Miller
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1898, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1898, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The finding by the trial court that the conveyance was made and accepted with intent to hinder, delay and defraud the creditors of John C. Miller' is justified by the evidence. (Coleman v. Burr, 93 N. Y. 17; Bump on Fraud. Conv. [4th ed.] § 2Y; 2 R. S.…
1Opinion of the Court
Per Cxtriam.
This is a judgment creditor’s action, brought to set aside a conveyance from the defendant John C. Millet to his daughter, Esther Miller, of certain real estate, and also a bill of sale ‘of certain personal property made between the same parties. The learned .Appellate Division might have reversed the judgment on questions of fact, but no provision of that character is contained in its order; therefore, under section 1338 of the Code of Civil Procedure, it must be presumed that the judgment was reversed solely on error of law. The case shows no exceptions taken to the ruling of…
2Cases cited3 opinions
- White v. . BenjaminNew York Court of Appeals · 1896
- Parker v. . DayNew York Court of Appeals · 1898
- Metcalf v. . MosesNew York Court of Appeals · 1900
3Cited by13 opinions
- Churchill v. St. George Development Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Lowenstein v. ReikesCourt of Appeals for the Second Circuit · 1932
- Hickok v. CowperthwaitAppellate Division of the Supreme Court of the State of New York · 1909
- In re WoodsCourt of Appeals for the Second Circuit · 1934
- Bailey v. FransioliAppellate Division of the Supreme Court of the State of New York · 1905
8 more not listed; retrieve them via the Exa API.