Dewey v. . Moyer
New York Court of Appeals
t. -Appeal by defendants, Henry and Betsy Moyer, from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 9 Hun, 473.) The nature of the action and the facts are set forth sufficiently in the opinion. The proceedings in bankruptcy, the assignment, and the bankrupt’s discharge were a bar to plaintiffs’ right of recovery.
Read the full summary
t. -Appeal by defendants, Henry and Betsy Moyer, from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 9 Hun, 473.) The nature of the action and the facts are set forth sufficiently in the opinion. The proceedings in bankruptcy, the assignment, and the bankrupt’s discharge were a bar to plaintiffs’ right of recovery. (Bankrupt Law, 1867, § 14; Jones v. Milbank, 6 Lans., 73.) Hone "but the assignee, since his appointment, has had a right to maintain an action…
1Opinion of the CourtEarl, J.
This is an action commenced by four judgment-creditors of the defendant Eldrcdge, to procure satisfaction of their judgments out of property placed by the debtor in the hands of the other two defendants in fraud of his creditors.
Prior to 1858, Eldrcdge owned a farm upon which there was a mortgage, and he owed to the plaintiffs, Dewey, Reid and Dockstader, and the assignors of Coon, and to other creditors, large sums of money; and then a scheme was concocted and carried into effect, by and between the defendants, the particulars of which are set forth in the complaint and the report of the…
2Cases cited16 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Depuy v. SwartNew York Supreme Court · 1829
- Savage v. . MurphyNew York Court of Appeals · 1866
- Case v. . PhelpsNew York Court of Appeals · 1868
11 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- CPC International Inc. v. McKessonNew York Court of Appeals · 1987
- Boyd v. OlveyIndiana Supreme Court · 1881
- Baldwin v. . ShortNew York Court of Appeals · 1891
- Crouse v. . FrothinghamNew York Court of Appeals · 1884
- Hillyer v. . LeroyNew York Court of Appeals · 1904
48 more not listed; retrieve them via the Exa API.