Dodge v. . McKechnie
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered October 21, 1895, affirming a judgment in favor of defendant entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered October 21, 1895, affirming a judgment in favor of defendant entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The instrument is fraudulent and void because it contains a trust for the use of the debtor’s wife, to whom he was not indebted. (Paige v. Willet, 38 N. Y. 28, 31; Griffin v. Barney, 2 N. Y. 371; Collomb v. Caldwell, 16 N. Y. 484-486;…
1Opinion of the CourtBartlett, J.
The plaintiffs are judgment creditors of Everett O. Wader, holding claims aggregating about $5,000, and seek in this action to set aside a transfer by Wader of certain of his property to the banking firm of McKechnie & Co. and his wife, Annie S. Wader, on the ground that it was fraudulent, and made with the intent to hinder, delay and defraud creditors.
The defendant, Everett O. Wader, prior to the 29th of May, 1889, was a lumber dealer at Canandaigua, E. Y., and McKechnie & Co. were bankers at the same place.
On that day Wader owed McKechnie & Go. $18,984, part of which was customers’ paper…
2Cases cited4 opinions
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Williams v. . WhedonNew York Court of Appeals · 1888
- Knapp v. . McGowanNew York Court of Appeals · 1884
- Citizens' Bank v. . WilliamsNew York Court of Appeals · 1891
3Cited by8 opinions
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Lehrenkrauss v. . BonnellNew York Court of Appeals · 1910
- Young v. StoneAppellate Division of the Supreme Court of the State of New York · 1901
- Micalden Investments S.A. v. Guerrand-HermesAppellate Division of the Supreme Court of the State of New York · 2006
- Allen v. GrayNew York Supreme Court · 1909
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