Henry v. Henry
New York Supreme Court
In Equity. This was a creditor’s bill, upon a judgment recovered by the plaintiff against the defendant James Henry, upon which an execution had been issued and returned unsatisfied. William Henry was made a defendant as the holder of a judgment against James Henry which was alledged to be fraudulent, and to have been confessed by James Henry for the purpose of defrauding his creditors.
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In Equity. This was a creditor’s bill, upon a judgment recovered by the plaintiff against the defendant James Henry, upon which an execution had been issued and returned unsatisfied. William Henry was made a defendant as the holder of a judgment against James Henry which was alledged to be fraudulent, and to have been confessed by James Henry for the purpose of defrauding his creditors. The bill prayed that the fraudulent judgment might be set aside, and that William Henry should account for the moneys he had received from the judgment debtor, under it. The opinion of the court states the…
1Opinion of the Court
By the Court, Gridley, J.
This is a creditor’s bill, filed before the adoption of the code, and is founded on a judgment against James Henry, recovered on the 4th of August, 1846, for $478,88, and on an execution returned unsatisfied. The bill also sets up that a judgment for $1718 was recovered by William Henry against James Henry on the 18th day of April, 1842, by confession, when James was not indebted to William, with the intent to defraud the creditors of James generally, and John in particular; whose debt against James accrued before the date of that judgment. The bill further states,…
2Cases cited1 opinion
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
3Cited by3 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Adams v. ThorntonSupreme Court of Alabama · 1885
- Hatch v. SpoonerNew York Supreme Court · 1891