Collins v. Burr
Appellate Division of the Supreme Court of the State of New York
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
- Jones v. . BlunNew York Court of Appeals · 1895
3Cited by5 opinions
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- Schoenfeld v. ChapmanNew York Supreme Court · 1950