Mechanics' & Traders' Bank of Jersey City v. Dakin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment of Special Term dismissing plaintiff’s complaint. This action was brought to set aside an assignment by defendant, Dakin, of a bond and mortgage as fraudulent. The plaintiff commenced an action on a promissory note against Dakin as a non-resident.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment of Special Term dismissing plaintiff’s complaint. This action was brought to set aside an assignment by defendant, Dakin, of a bond and mortgage as fraudulent. The plaintiff commenced an action on a promissory note against Dakin as a non-resident. An attachment was issued to Tompkins county and served on one Miller for the purpose of attaching a debt claimed to be due from him to Dakin and secured by bond and mortgage. The plaintiff obtained judgment in the suit, issued execution…
1Opinion of the Court
Hunt, C.
The ground of dismissal by the General Term was different from the one upon which the dismissal was placed by the judge at the Special Term. It will be necessary to examine both grounds.
The judge at the Special Term held that no action could be maintained to set aside the fraudulent assignment of the property by the debtor until an execution had been returned unsatisfied upon the judgment obtained against him. The complaint merely alleged, as the proof showed, that an attachment had been issued, and had been levied upon the bond and mortgage made by Miller to Dakin, that judgment had…
2Cases cited4 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Hall v. . StrykerNew York Court of Appeals · 1863
- Spear & Ripley v. WardellNew York Court of Appeals · 1848
- Rinchey v. StrykerNew York Court of Appeals · 1865
3Cited by28 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
- Upton v. HumeOregon Supreme Court · 1893
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
- Home Bank v. J. B. Brewster & Co.Appellate Division of the Supreme Court of the State of New York · 1897
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