Fassett v. Tallmadge
New York Supreme Court
HIS was an appeal from an order made at a special term, setting aside an execution issued against the person, of the defendant S. W. Tallmadge, after an execution issued against his property had been returned unsatisfied. The execution against the person was issued without any order of arrest having been granted, either before or after judgment. The opinion of the court states the other material facts.
1Opinion of the Court
By the Court,
Ingraham, P. J.
This action was brought to set aside a conveyance made by a debtor of the plaintiff to the defendant Tallmadge, on the ground that it was fraudulent and void as to creditors. The court so decreed, and ordered the sale made to Tallmadge to be declared fraudulent and void as against the ‘plaintiff and all other creditors who should come in under said judgment, and the defendant Tallmadge to pay to a receiver appointed by the court a sum of money for the property so received by him. The judgment also ordered that the plaintiff should recover against the defendant his…
2Cited by2 opinions
- The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
- Aaron v. RichmondNew York Supreme Court · 1920