Easton National Bank v. Buffalo Chemical Works
New York Supreme Court
Appeal from judgment on report of referee. The Easton Hationa Bank and the First national Bank of Cooperstown held judgments against the Bushwick Chemical Works. The Buffalo Chemical Works held a prior judgment against the same institution. The banks then instituted this action to have such prior judgment annulled. The case was tried before a referee, who found for the defendants, and from the judgment entered thereon the plaintiffs .appealed.
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Appeal from judgment on report of referee. The Easton Hationa Bank and the First national Bank of Cooperstown held judgments against the Bushwick Chemical Works. The Buffalo Chemical Works held a prior judgment against the same institution. The banks then instituted this action to have such prior judgment annulled. The case was tried before a referee, who found for the defendants, and from the judgment entered thereon the plaintiffs .appealed. Section 1871 of the Code of Civil Procedure provides that where an execution against the property of a judgment debtor, issued out of a court of…
1Opinion of the CourtDaniels, J.
Each of the plaintiffs recovered a judgment against the Bush-wick Chemical Works. These judgments were subsequent to a large judgment recovered against the same defendant by the Buffalo Chemical Works. And to maintain the action it was charged that this prior judgment had been fraudulently recovered, and the object of the action was to secure a judgment determining that fact, and vacating and annulling the prior judgment. The ultimate object of this relief it is evident would be to enable each of the plaintiffs to collect their judgments out of the property of the Bushwick Chemical Works, the…
2Cases cited11 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Jones v. GreenSupreme Court of the United States · 1864
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Chappel v. . ChappelNew York Court of Appeals · 1855
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3Cited by5 opinions
- Whalen v. StrongAppellate Division of the Supreme Court of the State of New York · 1930
- Koechl v. Leibinger & Oehm Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Stetson v. HopperAppellate Division of the Supreme Court of the State of New York · 1901
- Shuler v. HalvorSouth Dakota Supreme Court · 1917
- Koechl v. Leibinger & Oehm Brewing Co.New York Supreme Court · 1898