Wetmore v. . Truslow
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court.in the first judicial district, reversing a judgment in favor of plaintiffs, entered upon the report of a referee, and ordering a new trial.
Read the full summary
Appeal from an order of the General Term of the Supreme Court.in the first judicial district, reversing a judgment in favor of plaintiffs, entered upon the report of a referee, and ordering a new trial. The action was brought originally by plaintiffs as judgment creditors of defendant, William Truslow, after the return of an execution wholly unsatisfied, to set aside certain conveyances by said William Truslow of his real and personal estate, which it was alleged he fraudulently made to his codefendants, James L. Truslow and Cornelia I., his wife, William Truslow and Thomas Truslow, Jr.,…
1Opinion of the Court
Gray, C.
The objection that the second complaint, in which Thomas Truslow’s executors are made parties defendants, is not in aid of the original complaint, and therefore not supplemental to it (if .there be anything in the objection), comes too late. It was made and served in pursuance of a Special Term order granted upon motion. If any error was committed, it was in granting the order, and the defendants’ remedy was by appeal from it; but having submitted to the order and answered the complaint, they must abide the issue. Trusts of personal property, “ except where the trust has been created…
2Cases cited3 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Craig v. HoneNew York Court of Chancery · 1835
3Cited by11 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- Tolles v. WoodNew York Court of Appeals · 1885
- Arzbacher v. MayerWisconsin Supreme Court · 1881
- Ullman v. CameronAppellate Division of the Supreme Court of the State of New York · 1904
- In re DuncanNew York Surrogate's Court · 1974
6 more not listed; retrieve them via the Exa API.