Fassett v. Tallmadge
New York Supreme Court
Appeal from an order of the special term. In August, 1860, Elias Fassett recovered a judgment in this court against the appellant, Samuel W. Tallmadge, for the sum of $20,586.77. In December of the same year, Fassett commenced the present suit against the appellant and one Andrew Harder, in the nature of a creditor’s bill, and sought to set aside a conveyance made by the appellant to Harder, on the ground of fraud.
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Appeal from an order of the special term. In August, 1860, Elias Fassett recovered a judgment in this court against the appellant, Samuel W. Tallmadge, for the sum of $20,586.77. In December of the same year, Fassett commenced the present suit against the appellant and one Andrew Harder, in the nature of a creditor’s bill, and sought to set aside a conveyance made by the appellant to Harder, on the ground of fraud. The complaint charged the appellant with fraud in selling certain real estate ; and alleged that Harder fraudulently purchased and held the same. On January 30,1861, before the…
1Opinion of the Court
By the Court.—Miller, J.
I think the order made at special term involves the merits of' the action. It affects a substantial right of the party; and, if permitted to stand, may entirely deprive him of a complete defence to the action. It is clearly appealable. (Code, § 349; Cruger a. Douglas, 8 Barb., 81; Tracy a. N. Y. Steam Faucet Manufacturing Co., 1 E. D. Smith, 349.)
It is claimed that the arrest and detention of the defendant Tallmadge, was a satisfaction of the judgment pro tempore, and that no further steps could be taken to enforce the original debt for the time being. In Stilwell a.…
2Cases cited8 opinions
- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Anderson v. RobertsNew York Supreme Court · 1820
- McGuinty v. HerrickNew York Supreme Court · 1830
- Cooper v. BigalowNew York Supreme Court · 1823
- Akin v. Albany Northern RailroadNew York Supreme Court · 1856
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