Berry v. Riley
New York Supreme Court
In Equity. This was a creditor’s bill, filed against Riley, the judgment debtor, and Goldthwaite; the assigtlee of Riley, under an assignment of a portion of his property, which assignment was alleged by the plaintiff to be fraudulent and void as against creditors, for the reasons set forth in the bill. These reasons are sufficiently stated in the opinion of the court.
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In Equity. This was a creditor’s bill, filed against Riley, the judgment debtor, and Goldthwaite; the assigtlee of Riley, under an assignment of a portion of his property, which assignment was alleged by the plaintiff to be fraudulent and void as against creditors, for the reasons set forth in the bill. These reasons are sufficiently stated in the opinion of the court. The cause was heard on pleadings and proofs, as to the defendant Goldthwaite; the judgment débtor making no defence. Goldthwaite objected that thé execution was irregularly issued ; it having been súéd out immediately after the…
1Opinion of the CourtEdwards, J.
The irregularity in the return day mentioned in the execution, can only be taken advantage of by the defendant in the judgment. If he chooses to waive the irregularity, a third person cannot object to it. (Kimball v. Manger, 2 Hill, 304.)
As to the objection which was taken to the validity of the judgment, I do not think that it is sustained by the proof. There may be circumstances of suspicion, but" they are not sufficient to warrant the conclusion, either that the judgment was not recovered in good faith, or that it was not upon a sufficient consideration; particularly upon the circumstances…
2Cases cited1 opinion
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
3Cited by6 opinions
- Bacon v. . CropseyNew York Court of Appeals · 1852
- Gasherie v. AppleThe Superior Court of New York City · 1861
- Elliott v. HartMichigan Supreme Court · 1881
- Wooldridge v. IrvingUnited States Circuit Court · 1884
- Clark v. AndrewsNew York Court of Common Pleas · 1892
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