Ross v. Caywood
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Action by Lewis P. Ross against Ckauncey C. 'Caywood and others; to set aside as fraudulent a sale of a stock of merchandise by defendant Holcomb, plaintiff’s judgment debtor, to defendant Caywood. The complaint was dismissed as to defendants Caywood and Donovan,, without costs, and plaintiff appeals. Reversed.
1Opinion of the CourtAdams, J.
It is proper to state, by way of preface to our review of this case, that, the trial court having rendered a decision which does not state separately the facts found, this court is required, under the existing rules of practice, to review all questions of fact and of law, and award to either party such judgment as he may be fairly entitled to. Code Civ. Proc. § 1022; New Britain Nat. Bank v. Cleveland Co., 91 Hun, 447, 36 N. Y. Supp. 387; Harding v. Elliott, 91 Hun, 502, 36 N. Y. Supp. 648. The plaintiff, who is a judgment debtor of the-defendant Georgia S. Holcomb, brings this action to set…
2Cases cited4 opinions
- Parker v. . ConnerNew York Court of Appeals · 1883
- McNally v. . City of CohoesNew York Court of Appeals · 1891
- New Britain Nat. Bank v. A. B. Cleveland Co.New York Supreme Court · 1895
- Harding v. ElliottNew York Supreme Court · 1895
3Cited by1 opinion
- Ross v. CaywoodAppellate Division of the Supreme Court of the State of New York · 1898