Harvey v. . McDonnell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the third judicial department, entered upon an order .made the first Tuesday of May, 1888, which affirmed a judgment in favor of defendant entered upon an order dismissing 'the complaint on trial. The nature of the action and the material facts are stated in the opinion. The administrators could maintain an action to set aside this deed for the benefit of all creditors, whether they held a judgment or not.
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Appeal from judgment of the General Term of the Supreme ■Court in the third judicial department, entered upon an order .made the first Tuesday of May, 1888, which affirmed a judgment in favor of defendant entered upon an order dismissing 'the complaint on trial. The nature of the action and the material facts are stated in the opinion. The administrators could maintain an action to set aside this deed for the benefit of all creditors, whether they held a judgment or not. (Southard v. Benner, 72 N. Y. 424; Potts v. Hart, 99 id. 168; Barton v. Hosmer, 24 Hun, 467.) The defendants "having…
1Opinion of the CourtDanforth, J.
The complaint shows the plaintiff Harvey to he a creditor of the decedent, John McDonnell, by virtue of certain contract obligations, to the amount of $2,000 and upwards, and that upon the death of McDonnell the defendants were appointed his administrators. They recognized the validity of his claims and paid dividends thereon from the proceeds of the land sold by order of the surrogate. The property coming to their hands as such representatives has been exhausted and there still remains due the plaintiff the balance above referred to. The complaint further states that, shortly before his…
2Cases cited2 opinions
- Lichtenberg v. . HerdtfelderNew York Court of Appeals · 1886
- Reynolds v. . EllisNew York Court of Appeals · 1886
3Cited by32 opinions
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- McQuaide v. . PerotNew York Court of Appeals · 1918
- Prentiss v. . BowdenNew York Court of Appeals · 1895
- Anderson v. DaleyAppellate Division of the Supreme Court of the State of New York · 1899
- Spelman v. . FreedmanNew York Court of Appeals · 1892
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