Wilson v. . Marion
New York Court of Appeals
Appeal from so much of a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 3, 1893, as affirmed a judgment in favor of defendant Faliy, dismissing the complaint upon the merits as to him, entered upon the report of a referee.
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Appeal from so much of a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 3, 1893, as affirmed a judgment in favor of defendant Faliy, dismissing the complaint upon the merits as to him, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion., The trust contained in the assignment is void on its face as to creditors, and it necessarily follows that the trustee had no right to sell and the purchaser Fahy received no title as against the plaintiff, who is a…
1Opinion of the CourtBartlett, J.
The plaintiff in this action seeks to set aside as fraudulent the general assignment made by the defendants Marion & Co. to defendant Kinney for the benefit of their creditors, together with certain conveyances of real estate made by the assignee to the defendant Patrick Fahy, the latter having bid in the property at public sale.
The referee has found, as conclusions of law, that the assignment is fraudulent and void on its face as against the plaintiff; that defendant Fahy purchased the land described in the complaint in good faith, and for a valuable consideration, and has good title thereto…
2Cases cited8 opinions
- Parker v. . ConnerNew York Court of Appeals · 1883
- Baker v. . BlissNew York Court of Appeals · 1868
- National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
- Stearns v. . GageNew York Court of Appeals · 1879
- Reed v. . GannonNew York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re CloverAppellate Division of the Supreme Court of the State of New York · 1896
- Hyde v. BloomingdaleNew York Supreme Court · 1898
- Milwaukee Trust Co. v. Lancashire InsuranceWisconsin Supreme Court · 1897
- Greene v. RobbinsNorth Dakota Supreme Court · 1914