Hayner v. Fowler
New York Supreme Court
Demurrer to amended complaint.- The complaint alleged that prior to the 1st of March, 1849, the defendant, Randall James, being wholly insolvent and indebted to divers individuals in large amounts, and particularly to one John Simpson, in and about the sum of five hundred dollars ; Simpson, on or about the 28th of April, 1849, recovered a judgment in this court, against the said Randall James, for the sum of five hundred and twenty-two dollars and sixty-six cents; that said…
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Demurrer to amended complaint.- The complaint alleged that prior to the 1st of March, 1849, the defendant, Randall James, being wholly insolvent and indebted to divers individuals in large amounts, and particularly to one John Simpson, in and about the sum of five hundred dollars ; Simpson, on or about the 28th of April, 1849, recovered a judgment in this court, against the said Randall James, for the sum of five hundred and twenty-two dollars and sixty-six cents; that said judgment was duly docketed in the office of the clerk of the county of Rensselaer, on or about the said 28th day of…
1Opinion of the Court
By the Court, Hand, P. J.
The plaintiff must necessarily recover, if at all, in his character of receiver. James conveyed all his real and personal estate to him before suit; but if he sues merely by virtue-of a conveyance voluntarily made, the prior deed to Fowler being good between the parties would have preference. (Brownell v. Curtis, 10 Paige, 210. Leach v. Kelsey, 7 Barb. 466. Osborn v. Moss, 7 John. R. 161.) Consequently the plaintiff must fail if, as receiver, he is not authorized to bring a suit to set aside this deed. In the case of Seymour v. Wilson, decided at this term, (a) I came…
2Cases cited3 opinions
- Brownell v. CurtisNew York Court of Chancery · 1843
- Wilson v. AllenNew York Supreme Court · 1849
- Leach v. KelseyNew York Supreme Court · 1849
3Cited by3 opinions
- Olney v. TannerDistrict Court, S.D. New York · 1882
- Taylor v. PersseNew York Supreme Court · 1858
- Gasper v. BennettNew York Supreme Court · 1856