Young v. Stone
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Winfield S. Stone, as sheriff of Broome county, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office, of the clerk of the county of Broome on the 24th day of May, 1895, upon the verdict of a jury, and also from an order made at the Madison Special Term and entered in the office of the clerk of the county of Broome on the 15tli day of February, 1898, denying the defendant’s motion for a iiew trial made upon a case…
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Appeal by the defendant, Winfield S. Stone, as sheriff of Broome county, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office, of the clerk of the county of Broome on the 24th day of May, 1895, upon the verdict of a jury, and also from an order made at the Madison Special Term and entered in the office of the clerk of the county of Broome on the 15tli day of February, 1898, denying the defendant’s motion for a iiew trial made upon a case containing exceptions. Prior to the commencement of this action the plaintiffs were copartners in trade, doing business as…
1Opinion of the Court
Herrick, J. :
The issue made by the pleadings was whether the plaintiffs were the owners, or entitled to the possession of the property levied upon, 'or whether the conveyance by which they claimed to hold' it was one made in fraud of creditors, and in truth and fact it was still the property of Scott & Clark, the defendants in- the execution.
If the latter was the fact, then such property is liable to seizure and sale upon execution to satisfy judgment creditors of Scott & Clark, unless such creditors have in some way precluded themselves from resorting to such'property, which for the purpose…
2Cases cited12 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Conner v. LongSupreme Court of the United States · 1881
- Porter v. . PurdyNew York Court of Appeals · 1864
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Levy v. Melody, New York County Courts1906
- Best Made Clothing Co. v. O'BrienCity of New York Municipal Court · 1932