Zimmerman v. Merriman

Upon resubmission of the motion plaintiff contends that this is not a judgment creditor’s action under the Civil Practice Act but a creditor’s action under sections 278 and 279 of the Debtor and Creditor Law (added by Laws of 1925, chap. 254), which are as follows:

“ § 278. Rights of creditors whose claims have matured. 1. Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase, or one who has derived title…