Keiley v. Dusenbury
The Superior Court of New York City
Motion to strike out the testimony of the defendant contained in the supplementary proceedings, and to dismiss proceedings. The plaintiff, as receiver, in supplementary proceedings in an action (Peter Morris et al. agt. Selah Hiler) commenced an action in this court to set aside an assignment from one Selah Hiler to defendant Dusenbury, as trustee, as fraudulent, and to recover a personal judgment against him for the amount of the original judgment, in Morris et al. agt.
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Motion to strike out the testimony of the defendant contained in the supplementary proceedings, and to dismiss proceedings. The plaintiff, as receiver, in supplementary proceedings in an action (Peter Morris et al. agt. Selah Hiler) commenced an action in this court to set aside an assignment from one Selah Hiler to defendant Dusenbury, as trustee, as fraudulent, and to recover a personal judgment against him for the amount of the original judgment, in Morris et al. agt. Hiler, upon the ground that the assignment was void under the statute, and that therefore the defendant was. liable to the…
1Opinion of the CourtSpier, J.
— The proceedings are taken, under .the act of 1831, against the defendant for assigning, removing or disposing of his property with intent to defraud creditors, and the plaintiff has obtained a warrant under that act. Prior to obtaining the warrant, he had taken measures against the defendant in proceedings supplementary to execution, under section 292 of the Code, Upon his application for the warrant under the act of 1831, he used the evidence taken in the supplementary proceedings for the purpose of obtaining the warrant. I am inclined to the opinion that this evidence was improperly used…
2Cases cited2 opinions
- Lathrop v. . ClappNew York Court of Appeals · 1869
- People v. UnderwoodNew York Supreme Court · 1837