Morton v. Weil
New York Supreme Court
Demurrer to complaint. The action was brought by L. P. Morton and sixty others, plaintiffs, creditors of Moses Bettman, deceased, against the administratrix of Bettman, and others, transferees of his property.
Read the full summary
Demurrer to complaint. The action was brought by L. P. Morton and sixty others, plaintiffs, creditors of Moses Bettman, deceased, against the administratrix of Bettman, and others, transferees of his property. The amended complaint, to which the demurrer was interposed, charged that Bettman in his lifetime made fraudulent purchases of the various plaintiffs, and that after they had severally sued him, and after an injunction had been granted against him in a suit prosecuted in the name of some of the creditors, ■ under an agreement that it should be for the benefit of all, twenty of the…
1Opinion of the CourtIngraham, J.
Upon all the grounds stated in the demurrer in this case, except the third, I am of the opinion that the demurrer is not well taken.
The third cause of demurrer is, that several causes of action have been improperly joined.
The object of the complaint appears to be, to set aside various liens by judgment and by assignment, on the debtor’s property, for alleged fraudulent acts on the part of the defendants, and to have the property, which was covered by such liens, or received in payment of the claims of those creditors who were made defendants, and the proceeds of such property, applied to the…
2Cases cited3 opinions
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by5 opinions
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Proctor v. Sidney Sash, Blind & Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Wood v. Sidney Sash, Blind & Furniture Co.New York Supreme Court · 1895
- Dixon v. ColemanNew York Supreme Court · 1899
- Oakley v. TugwellNew York Supreme Court · 1884