Vanderbilt v. Vanderbilt
New York Supreme Court
To an action brought by a creditor of Oliver Vanderbilt, deceased, to set aside an assignment of certain leases, claimed to have been fraudulently transferred by the administrator of the deceased, to his mother, the plaintiff in this action, as one of the next of kin and heirs at law of the deceased, was made a party defendant.
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To an action brought by a creditor of Oliver Vanderbilt, deceased, to set aside an assignment of certain leases, claimed to have been fraudulently transferred by the administrator of the deceased, to his mother, the plaintiff in this action, as one of the next of kin and heirs at law of the deceased, was made a party defendant. She appeared in the action and answered the complaint and demanded affirmative relief, that the assignment he set aside and that the leases be applied and distributed as assets of the estate. Judgment was recovered in that action, declaring the assignment to be…
1Opinion of the CourtVan Vorst, J.
In the action of Everingham agt. Vanderbilt, a record of the judgment in which is in evidence, the plaintiff was made a defendant. That was a creditor’s action, and sought relief against the assignment of the two leases in question, which are claimed by the plaintiff in that action to be assets of the estate of Oliver Vanderbilt, deceased, on the alleged ground that they had been fraudulently assigned by the administrator to his mother.
The .plaintiff having, as a defendant in that action, by her answer, claimed that the assignment of the two leases was fraudulent; that they belonged to the…
2Cases cited2 opinions
- Groshon v. LyonNew York Supreme Court · 1853
- Everingham v. VanderbiltNew York Supreme Court · 1876
3Cited by2 opinions
- Levy v. . Louvre Realty Co.New York Court of Appeals · 1917
- Jones v. Rocky Cliff Coal Mining Co.New Mexico Supreme Court · 1921