Briggs v. Mitchell
New York Supreme Court
THIS action was brought by the plaintiff, as receiver, duly appointed in proceedings supplementary to execution, upon judgments separately recovered by two creditors, to wit: Hiram Palmer and Henry B. Smith, against the defendant George H. Mitchell, to set aside certain transfers of both real and personal estate from the judgment debtor, the said George H. Mitchell, to one Isaac Lawson ; and from the latter to the defendant Cornelia B. Mitchell, who is and then was the wife…
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THIS action was brought by the plaintiff, as receiver, duly appointed in proceedings supplementary to execution, upon judgments separately recovered by two creditors, to wit: Hiram Palmer and Henry B. Smith, against the defendant George H. Mitchell, to set aside certain transfers of both real and personal estate from the judgment debtor, the said George H. Mitchell, to one Isaac Lawson ; and from the latter to the defendant Cornelia B. Mitchell, who is and then was the wife of the defendant George H. Mitchell, on the ground that the same were made with intent to defraud creditors, &c. The…
1Opinion of the Court
By the Court, Potter, P. J.
The defendants were husband and wife, married in 1838. The defendant Cornelia, at the time of her marriage, had about $2000, invested in bond and mortgage and in other sucurities, by the executors of her father’s estate. There was no ante-nuptial or post-nuptial agreement between the defendants in relation to the wife’s estate.
The defendant George H. Mitchell received about $1500 of this money that had belonged to his wife, in the year 1843, and the remainder about the year 1850. When the defendant Cornelia received the money, she says: “I handed it to my husband. I…
2Cases cited4 opinions
- Ryder v. . HulseNew York Court of Appeals · 1862
- People ex rel. Caldwell v. KellyNew York Supreme Court · 1862
- Schaffner v. ReuterNew York Supreme Court · 1862
- In re LatsonThe Superior Court of New York City · 1853
3Cited by3 opinions
- Alden v. CarpenterSupreme Court of Colorado · 1883
- Harman v. HoskinsMississippi Supreme Court · 1878
- Lawrence Bros. v. HeylmanAppellate Division of the Supreme Court of the State of New York · 1906