Drake v. Satterlee
New York Supreme Court
Appeal from special term, New York county. Action by John It. Drake against Herbert L. Satterlee, as receiver, etc. A demurrer by plaintiff to an amended answer was overruled. The interlocutory judgment entered thereon allowed plaintiff to withdraw the demurrer, and gave leave to defendant, upon such withdrawal, to apply for an order adding other parties as defendants. Plaintiff appeals.
1Opinion of the CourtIngraham, J.
By the amendment to the complaint this action became an action in equity to determine the ownership of a fund in court,—the plaintiff *335claiming it as assignee of one Sherman, and the defendant as receiver of said Sherman; plaintiff also alleging that the appointment of defendant was void, and defendant alleging that assignment to plaintiff was void, and made with intent to hinder, delay, and defraud creditors. The answer does not set up the facts as separate defenses, but denies the right of plaintiff to the fund, and alleges that defendant, as such receiver, is entitled to the fund. The…
2Cases cited1 opinion
- Kennagh v. McColganNew York Supreme Court · 1889