Decker v. . Decker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was in the nature of a creditor’s bill, to reach certain property alleged to have been transferred to defendant, Hattie Decker, in fraud of the creditors of defendant, Simon Decker.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was in the nature of a creditor’s bill, to reach certain property alleged to have been transferred to defendant, Hattie Decker, in fraud of the creditors of defendant, Simon Decker. It appeared in the case and the referee found substantially these facts: Prior to December 21, 1865, plaintiff had commenced an action against her husband, the defendant, Simon…
1Opinion of the CourtFinch, J.
The validity of the contract by which, during the pendency of an action for a limited divorce, • Simon Decker bound himself to his wife to pay a stipulated annuity to her for her support and maintenance, and gave his bond and mortgage to Van Dusen as security for the performance of that agreement, cannot in this action be questioned. The securities having been transferred to the plaintiff, she brought one or more actions upon them against Decker, and recovered. Their ’validity and that of the contract out of which they grew was directly involved in the recognition of plaintiff’s alleged cause…
2Cases cited2 opinions
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Niver v. . CraneNew York Court of Appeals · 1885
3Cited by29 opinions
- Shapiro v. WilgusSupreme Court of the United States · 1932
- Phelps v. SmithIndiana Supreme Court · 1888
- Lynch v. BurtCourt of Appeals for the Eighth Circuit · 1904
- Sweet v. ConverseMichigan Supreme Court · 1891
- Watson v. BonfilsCourt of Appeals for the Eighth Circuit · 1902
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