Markell v. Hill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, D. Munro Hill, individually and as assignee for the benefit of creditors of the firm of Rodger & Go., and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 2d day of March, 1901, upon the decision of the court, rendered after a trial at the Onondaga Special Term, setting aside that part of a judgment entered in said county November 15, 1898, in favor of C.…
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Appeal by the defendants, D. Munro Hill, individually and as assignee for the benefit of creditors of the firm of Rodger & Go., and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 2d day of March, 1901, upon the decision of the court, rendered after a trial at the Onondaga Special Term, setting aside that part of a judgment entered in said county November 15, 1898, in favor of C. Julia Rodger and another, as administrators, against the defendant D. Munro Hill, individually and as assignee, etc., which…
1Opinion of the Court
Spring, J.:
This action was ^commenced June 12,1899, to set aside a judgment heretofore entered on the ground that the same was procured through fraud and collusion with the defendant T). Munro Hill.. A detailed recital of the complicated, though undisputed, facts which form the basis of the cause of action is necessary to a proper comprehension of the legal principles which control its determination.
William C. Rodger in 1897, and for many years prior thereto, was . a resident of the village of Jordan in said county, and was long prominently identified with its business affairs. In conjunction…
2Cases cited9 opinions
- Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
- Ward v. . Town of SouthfieldNew York Court of Appeals · 1886
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
- Coyne v. . WeaverNew York Court of Appeals · 1881
- Geyer v. . SnyderNew York Court of Appeals · 1893
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3Cited by2 opinions
- Burke v. Northern Pacific Railway Co.Washington Supreme Court · 1915
- Parham v. BurnsAppellate Division of the Supreme Court of the State of New York · 1909