Legal Opinion

Fassett v. Tallmadge

New York Supreme Court

Decided December 15, 1862Published

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

  1. Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
  2. Anderson v. RobertsNew York Supreme Court · 1820
  3. McGuinty v. HerrickNew York Supreme Court · 1830
  4. Cooper v. BigalowNew York Supreme Court · 1823
  5. Akin v. Albany Northern RailroadNew York Supreme Court · 1856

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