Bennett v. McGuire
New York Supreme Court
THE action was brought to set aside two assignments of a bond and mortgage as fraudulent, and was tried at a special term in Saratoga county, before Justice Bocees, without a jury, in January, 1871. It appeared upon the trial that the defendant Hugh McGuire, at the commencement of the year 1870, and while owning and living upon a certain farm, situated in the county of Saratoga, became indebted to the plaintiff.
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THE action was brought to set aside two assignments of a bond and mortgage as fraudulent, and was tried at a special term in Saratoga county, before Justice Bocees, without a jury, in January, 1871. It appeared upon the trial that the defendant Hugh McGuire, at the commencement of the year 1870, and while owning and living upon a certain farm, situated in the county of Saratoga, became indebted to the plaintiff. That on the 4th day of May, 1870, the plaintiff recovered a judgment upon said claim, against said Hugh, for the sum of $203.10 damages and costs, before a justice of the peace in…
1Opinion of the Court
By the Court, Miller, P. J.
This action was brought by a judgment creditor of the defendant Hugh McGuire, to set aside an assignment of a bond and mortgage belonging to said defendant McGuire, and by him assigned to the defendant Armstrong, and by said Armstrong assigned to the wife of McGuire, who is also made a defendant. It is based upon the ground that the assignment was without consideration, and was fraudulent and void as to the plaintiff.
It is insisted by the defendants’ counsel that the action should have been brought in the name of a receiver, under section 299 of the Code, and not in…
2Cases cited8 opinions
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
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- Wood v. HuntNew York Supreme Court · 1862
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