Fox v. . Moyer
New York Court of Appeals
Appeal from judgment of the General Term of' the Supreme Court, in the fourth judicial district, affirming a judgment in favor of the plaintiff, entered upon the decision of the court at Special Term. This action was brought to set aside a conveyance to defendant by Andrew Moyer, on the, ground that it was fraudulent as against plaintiff, he having judgment, which, as alleged, was in equity, prior in its effect to defendant’s title.
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Appeal from judgment of the General Term of' the Supreme Court, in the fourth judicial district, affirming a judgment in favor of the plaintiff, entered upon the decision of the court at Special Term. This action was brought to set aside a conveyance to defendant by Andrew Moyer, on the, ground that it was fraudulent as against plaintiff, he having judgment, which, as alleged, was in equity, prior in its effect to defendant’s title. The complaint alleged that Andrew Moyer, the defendant’s grantor, was indebted to the plaintiff on a promissory note made by him and another, in 1851, for $500,…
1Opinion of the Court
Earl, C.
The counsel for the defendant requested the justice who tried the cause to find whether or not Jonas Kestell, one of the judgment debtors, was, at the commencement of this suit, insolvent, also whether or not he had then left the county. The justice refused so to find, on the ground that the facts which he was requested to find were entirely immaterial, and defendant excepted to such refusal. This exception is now relied upon. As the refusal was put upon the ground that the facts were immaterial, it raises a question for our consideration upon this appeal, and if we hold the facts to…
2Cases cited3 opinions
- Child v. BraceNew York Court of Chancery · 1834
- Shaw v. . DwightNew York Court of Appeals · 1863
- McCullough v. ColbyThe Superior Court of New York City · 1859
3Cited by36 opinions
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- Humes v. ScruggsSupreme Court of the United States · 1877
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Adsit v. . ButlerNew York Court of Appeals · 1882
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