Prentiss v. . Bowden
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made at the May term, 1894, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and ordered 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 order of the General Term of the Superior Court of the city of New York, made at the May term, 1894, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The execution against the property of William H. Bowden, issued on the 8th day of July, 1892, and returned wholly unsatisfied, was perfectly valid and regular. (Code Civ. Pro. §§ 1380, 2648;, Laws of 1892, chap. 677; Laws of 1894, chap. 447; Homan v. Liswell, 6…
1Opinion of the CourtFinch, J.
There is no ambiguity in the character and
scope of this action. It is brought by a judgment creditor against the grantee of his debtor to set aside a conveyance of land as made in fraud of creditors and to appropriate the property to the payment of the debt. The plaintiff sues for herself alone and in her own sole right as judgment creditor. She joins no other creditors and does not sue for their benefit, but exclusively for her own. It is of course a necessary condition of a right to invoke the aid of equity in such a case that the creditor should have first exhausted her remedy at law by…
2Cases cited3 opinions
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- Wallace v. . SwintonNew York Court of Appeals · 1876
3Cited by20 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Anderson v. DaleyAppellate Division of the Supreme Court of the State of New York · 1899
- Price v. EngleIndiana Court of Appeals · 1922
- Davis v. SeawardNew York Supreme Court · 1914
15 more not listed; retrieve them via the Exa API.