Spaulding v. Strang
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a judgment rendered in favor of the plaintiffs, in a case tried before the court, without a jury, had been affirmed.
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Appeal from the general term of the Supreme Court, in the first district, where a judgment rendered in favor of the plaintiffs, in a case tried before the court, without a jury, had been affirmed. (Reported below, 36 Barb. 310, and at special term, 32 Id. 235.) This was an equitable action by Alexander Spaulding, a judgment-creditor of the firm of Bradner & Furman, against the members of the said firm and Peter O. Strang, their assignee for the benefit of creditors, to set aside the assignment, on the ground, that it was fraudulent and void as against the plaintiff, and other creditors of the…
1Opinion of the CourtFullerton, J.
It was found as a fact, by the learned judge who tried this action at special term, that the agreement between Bradner & Furman and a part of their creditors, dated the 16th of November 1854, and their several assignments for the benefit of creditors, On the first of December following, constitute parts of one and the same transaction, *and, for that reason as matter of law, “ that said instruments were fraudulent and void as to the plaintiff and his judgment.” Whether this legal conclusion can be sustained, presents the only question to be examined on this appeal.
It is not pretended, that…
2Cases cited4 opinions
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Hone v. HenriquezCourt for the Trial of Impeachments and Correction of Errors · 1834
- Hastings v. BelknapCourt for the Trial of Impeachments and Correction of Errors · 1845
- Powers v. GraydonThe Superior Court of New York City · 1863