Legal Opinion

Collins v. Burr

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1924PublishedCited by 5 opinions

Appeal by the plaintiff, John F. Collins, as receiver, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of February, 1924, as denies plaintiff’s motion to strike out certain denials and affirmative defenses in the answers of defendants.

1Opinion of the Court

McAvoy, J.:

The motion made in this action was to strike out certain denials and affirmative defenses in the answer of defendants.

The action seeks to set aside an alleged fraudulent transfer from Albert E. Burr, a judgment debtor, to his wife, Ethel J. Burr, it being claimed that the transfer was made to defraud creditors. The plaintiff is a judgment creditor in a suit brought in Pennsylvania against Albert E. Burr in the amount of over $37,000. This judgment was sued upon in New York and judgment was recovered here by default on the Pennsylvania judgment.

The complaint in this creditors’…

2Cases cited1 opinion

  1. Jones v. . BlunNew York Court of Appeals · 1895

3Cited by5 opinions

  1. Harvey v. Guaranty Trust Co.New York Supreme Court · 1929
  2. Harman v. Board of EducationNew York Supreme Court · 1948
  3. Berger v. LasotNew York Supreme Court · 1936
  4. Depasquale v. Allstate Ins.Court of Appeals for the Second Circuit · 2002
  5. Schoenfeld v. ChapmanNew York Supreme Court · 1950

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