Egan v. Hagan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James J. Hagan, from an interlocutory judgment of the Supreme Court in favor of the plaintiff,' entered in the office of the clerk of the county of New York on the 16th day of Hovember, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the complaint.
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Appeal by the defendant, James J. Hagan, from an interlocutory judgment of the Supreme Court in favor of the plaintiff,' entered in the office of the clerk of the county of New York on the 16th day of Hovember, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the complaint. The complaint alleges the recovery of a judgment by the plaintiff" against the defendant David McKown and one James F. Leary for the sum of $468.11; that a transcript of the judgment was duly, filed" in the county of New York, in which…
1Opinion of the Court
Lambert, J.:
If the situation so permitted we would follow the rule laid down in Baker v. Potts (73 App. Div. 29), wherein it is held that it is not of universal application that an execution must be issued and returned as against all the judgment debtors as a condition precedent to an action in equity to reach property fraudulently transferred. The exception to the rule, as there pointed out, is based upon the conclusion of. fact that the debt which was the foundation of the judgment was that of the defendant, whose property is sought to be reached, while his codefendant occupied the…
2Cases cited1 opinion
- Baker v. PottsAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Lovejoy v. ChapinNew York Supreme Court · 1909