Bryer v. Foerster
Appellate Division of the Supreme Court of the State of New York
Appeal hy the defendants, Catharine Foerster, individually and as administratrix, etc., of Joseph Foerster, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Yew York on the 25th day of July, 1896, upon.the decision of the court rendered after a trial at the Yew York Special Term!
1Opinion of the Court
Rumsey, J.:
After reading the testimony in this case, we agree fully with the learned justice at the Special Term in the conclusion reached by him, that the conveyances attacked in this action were fraudulent and void as to the plaintiff’s judgment, and that he was entitled to have them set aside as far as they were an obstruction to the execution of his judgment. But we do not agree with him as to the relief which he granted. In our opinion, in cases of this kind, where an action is brought by a judgment creditor to reach real estate fraudulently conveyed, the proper judgment to enter is to…
2Cases cited2 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Hendrickson v. WinnieNew York Supreme Court · 1847
3Cited by3 opinions
- Harris v. OsnowitzAppellate Division of the Supreme Court of the State of New York · 1898
- Horn v. Lincoln Nat. Life Ins. Co.Supreme Court of Oklahoma · 1926
- Lazarus v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1902