Bank of Orange County v. Fink
New York Court of Chancery
In August, 1823, the defendant P. Fink, being in embarrassed circumstances, and a large judgment being about to be entered up against him, conveyed his real estate to the defendant Townsend in trust to sell the same, and out of the proceeds to retain a large debt alleged to be dub to himself, and to apply the residue of the proceeds to other creditors.
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In August, 1823, the defendant P. Fink, being in embarrassed circumstances, and a large judgment being about to be entered up against him, conveyed his real estate to the defendant Townsend in trust to sell the same, and out of the proceeds to retain a large debt alleged to be dub to himself, and to apply the residue of the proceeds to other creditors. The assignee, instead of selling the property, permitted Frink to retain the possession four or five years, uhder a nominal lease to his son A. H. Fink for most of thé time, and until after the complainants severally had recovered judgments…
1Opinion of the Court
The Chancellor.
From the conclusion at which I have arrived on the main question in this cause, I do not deem it necessary to give any definitive opinion upon the question, whether the merits of the interlocutory decree can be inquired into upon this appeal. The statute, for reasons which are perfectly obvious, has limited the right of appeal from interlocutory orders and decrees to fifteen days. It is evident, however, that this statutory limitation is a mere nullity, if an appeal from the final decree in the cause necessarily brings up for review before the appellate court every…
2Cases cited3 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
- Mitchell v. LenoxCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by9 opinions
- McAuslan v. McAuslanSupreme Court of Rhode Island · 1912
- Bonnette v. MolloyAppellate Division of the Supreme Court of the State of New York · 1912
- Vaill v. McPhailSupreme Court of Rhode Island · 1912
- McCullough v. ColbyThe Superior Court of New York City · 1859
- Harrington v. LibbyNew York Court of Common Pleas · 1875
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