Grady v. Bowe
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint, and from the order dismissing the complaint. Prior to the 26th of August, 1880, Robert W. Oliver and John Enders Robinson, residing in the City of Richmond, State of Virginia, had been conducting the tobacco business in said City of Richmond and also in the City of New York.
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Appeal from a judgment of this court entered upon the dismissal of a complaint, and from the order dismissing the complaint. Prior to the 26th of August, 1880, Robert W. Oliver and John Enders Robinson, residing in the City of Richmond, State of Virginia, had been conducting the tobacco business in said City of Richmond and also in the City of New York. On said 26th of August, said Oliver & Robinson signed an instrument and acknowledged the same before a commissioner of deeds for the State of New York residing in said City of Richmond, whereby they purported to bargain, sell, transfer, assign…
1Opinion of the CourtVan Brunt, J.
[After stating the facts as above.]— The first point raised by the appellant is that neither the attaching creditors nor the sheriff have any standing in court to impeach the j^cZes of the transfer to the plaintiff; that the attaching creditors, not being judgment and execution creditors and simply creditors at large, have no standing in court to impeach the bona fides of the transfer ; and cites in support of this proposition a large number of cases in which it is held that a creditor at large has no status in equity, and the right of a judgment creditor to relief depends upon the fact of…
2Cases cited3 opinions
- Castle v. . LewisNew York Court of Appeals · 1879
- Hall v. . StrykerNew York Court of Appeals · 1863
- Rinchey v. StrykerNew York Court of Appeals · 1865
3Cited by1 opinion
- Smedley v. SmithNew York Court of Common Pleas · 1889