McCullough v. Colby
The Superior Court of New York City
This is an appeal by Charles H. McCullough, the plaintiff, from, a judgment dismissing his complaint. The action was tried before Mr. Justice Hoffman, without a jury, on the 21st of June, 1859. The action was brought against John L. Colby and Mary Ann Colby, to set aside a conveyance from the former to the latter, as fraudulent and void as against the plaintiffs, who were judgment creditors of John L. Colby.
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This is an appeal by Charles H. McCullough, the plaintiff, from, a judgment dismissing his complaint. The action was tried before Mr. Justice Hoffman, without a jury, on the 21st of June, 1859. The action was brought against John L. Colby and Mary Ann Colby, to set aside a conveyance from the former to the latter, as fraudulent and void as against the plaintiffs, who were judgment creditors of John L. Colby. Other persons, holding mortgages on the property, so conveyed, were made parties, but no personal claim was made against them, and no question arises in respect to them. The Judge’s…
1Opinion of the Court
By the Court—Hoffman, J.
It is admitted that the only question before us on this appeal is, whether a complaint filed by a creditor who has obtained a judgment against his debtor, for the purpose of setting aside a conveyance as fraudulent, must not allege an execution issued and returned, or at least that an execution has issued.
The case of The North American Company v. Graham, (5 Sandf., S. C. R., 197,) is an authority which ought apparently to dispense with any examination of the present case, and to call upon us to rest the decision of this appeal upon that alone. It has been commented…
2Cases cited11 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Burton v. SmithSupreme Court of the United States · 1839
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- United States v. MorrisonSupreme Court of the United States · 1830
- Clarkson v. De PeysterNew York Court of Chancery · 1831
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3Cited by10 opinions
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Fox v. . MoyerNew York Court of Appeals · 1873
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Shaw v. . DwightNew York Court of Appeals · 1863
- Payne v. SheldonNew York Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.