Thomas v. Roddy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Bell-Thomas, -as trustee, etc., from a judgment of the Supreme Court in favor of the defendants, entered in • the office of the clerk of the county of New York on the 14th' day of Hay, 1907, dismissing the compláint upon the opening, and also from an order entered in said clerk’s office on the 14th day of May, 1907, denying the plaintiff’s motion to set aside such dismissal.
1Opinion of the Court
McLaughlin, J.:
This action was brought by a trustee in bankruptcy to set aside certain transfers of property alleged to have been: made by the bankrupt in fraud' of creditors.
The complaint alleges, in substance, the bankruptcy proceedings commenced in October, 1904; the discharge of the bankrupt, John S. Boddy, now deceased, in- December of the same year; the appointment of the plaintiff as trustee in October, 1906 deficiency judgments recovered against Boddy in March, 1901,- in two actions in favor of two of the present defendants, which judgments remain unsatisfied with the exception of a…
2Cases cited5 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- West Co. v. LeaSupreme Court of the United States · 1899
- Hillyer v. . LeroyNew York Court of Appeals · 1904
- In re LelandU.S. Circuit Court for the District of Southern New York · 1873
- Patten v. CarleyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by10 opinions
- In re Jassoy Co.Court of Appeals for the Second Circuit · 1910
- Casey v. BakerDistrict Court, N.D. New York · 1914
- Neuberger v. FelisSupreme Court of Alabama · 1919
- Baldwin v. KingstonDistrict Court, D. New Jersey · 1918
- Barrett v. KaiglerSupreme Court of Alabama · 1917
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