Acker v. . Leland
New York Court of Appeals
Appeal from order of the Ceneral Term of the Supreme Court, in the first judicial department, made May 5, 1884, which affirmed an order of Special Term denying a motion on the part of defendants to change the place of trial in this action from the city and county of New York to the city of Albany ; which motion was made upon the ground that the action was local and triable only in the counties of Albany or Saratoga.
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Appeal from order of the Ceneral Term of the Supreme Court, in the first judicial department, made May 5, 1884, which affirmed an order of Special Term denying a motion on the part of defendants to change the place of trial in this action from the city and county of New York to the city of Albany ; which motion was made upon the ground that the action was local and triable only in the counties of Albany or Saratoga. The nature of the action and the material facts are stated in the opinion. The law looks through mere forms to the substance and effect of "the entire transaction. {Pratt v.…
1Opinion of the CourtAndrews, J.
The motion should have been granted. The action is brought to set aside a general assignment for the benefit of creditors, made by the defendant Leland, to his co-defendant, on the ground that it was made with intent to hinder, delay and defraud the plaintiffs and other creditors of the assignor. It appears by the affidavits and the schedules that the assignment comprised real and personal property, the principal part of which consisted of real estate situate in the counties of Albany and Saratoga. None of the real estate assigned is situated in the county of New York. The plaintiffs in their…
2Cases cited1 opinion
- Veeder v. . BakerNew York Court of Appeals · 1880
3Cited by21 opinions
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- State ex rel. Barrett v. District CourtSupreme Court of Minnesota · 1905
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- Behrman v. Pioneer Pearl Button Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Mills & Gibb (Inc.) v. StarinAppellate Division of the Supreme Court of the State of New York · 1907
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