Miller v. . Hall
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment entered upon a decision of the court upon trial without a jury.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment entered upon a decision of the court upon trial without a jury. (Reported below, 8 J. & S., 262.) This action was brought by plaintiff as receiver of the property of Amanda M. Senior, appointed in supplementary proceedings upon a judgment recovered by one Ross against her, to have an assignment of a bond and mortgage, made by her to defendant, declared void, as fraudulent as against her creditors. The answer alleged that the bond and mortgage in question belonged to the estate of…
1Opinion of the CourtMiller, J.
The General Term reversed the judgment of the trial court, as appears from the opinion, upon the single ground that Mrs. Senior was not made a party to the action. We concur with the conclusion at which they arrived, as well as the reason upon which it is founded. The opinion of the court fully reviews the authorities bearing upon the question, and those cited by the appellant’s counsel are not, we think, in conflict with the views there expressed.
It is well settled, that in the case of a creditor’s bill, to reach a chose in action, which is the character of the present action, the judgment…
2Cases cited1 opinion
- Fox v. . MoyerNew York Court of Appeals · 1873
3Cited by6 opinions
- First National Bank v. GibsonNebraska Supreme Court · 1903
- Judson v. Courier Co.District Court, S.D. New York · 1885
- Weightman v. Washington Critic Co.Court of Appeals for the D.C. Circuit · 1894
- Hubbell v. Merchants' National BankNew York Supreme Court · 1886
- Lathrop, Shea & Henwood Co. v. ByrneAppellate Division of the Supreme Court of the State of New York · 1906
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