Heye v. Bolles
New York Court of Common Pleas
Appeal by the plain tiffs'from a judgment at trial term, dismissing the complaint. The action was brought by the plaintiffs as judgment creditors of John E. Gook and Charles K. Howlett, to set aside as fraudulent and void, an assignment made under the following circumstances. Cook & Howlett were doing business in October, 1860, and were then insolvent.
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Appeal by the plain tiffs'from a judgment at trial term, dismissing the complaint. The action was brought by the plaintiffs as judgment creditors of John E. Gook and Charles K. Howlett, to set aside as fraudulent and void, an assignment made under the following circumstances. Cook & Howlett were doing business in October, 1860, and were then insolvent. John E. Cook was also a member of the "firm of Cook & Twining, composed of himself and Thomas A. Twining, also doing business in New York. The firm of Cook & Twining was then, and had been during their whole copartnership, insolvent. On the 22d…
1Opinion of the Court
By the Court.—Daly, F. J.
This is not an action brought by a creditor to enforce the collection of a judgment after he has exhausted his remedy at law, and in which the return of an execution unsatisfied is indispensable before he can invoke the equitable aid of the court; but it is an action by creditors who, in a suit brought by them to recover their debt, obtained an attachment against their debtor for fraudulently assigning his property, and who, having recovered judgment in that action, and issued execution upon it, bring the present action to set aside the fraudulent assignment, which is…
2Cases cited9 opinions
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- The Buffalo and Allegany Railroad Company v. . CaryNew York Court of Appeals · 1862
- Forsyth v. GansonNew York Supreme Court · 1830
- Burtus v. TisdallNew York Supreme Court · 1848
- Edwards v. LentNew York Supreme Court · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- MacAuley v. . SmithNew York Court of Appeals · 1892
- State ex rel. Carter v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
- Gross v. DalyNew York Court of Common Pleas · 1875
- Gavazzi v. DryfoosNew York Supreme Court · 1905
- Pennsylvania & Delaware Oil Co. v. SpitelnikAppellate Terms of the Supreme Court of New York · 1899
3 more not listed; retrieve them via the Exa API.