Dunn v. Whalen
New York Supreme Court
Appeal from special term, Monroe county. Actibn by John M. Dunn against Thomas J. Whalen and Bridget Whalen to set aside a conveyance of land in the city of Rochester made by defendant Thomas to his mother, on the ground that it was executed in fraud of creditors. From a judgment entered on a decision of the trial judge, dismissing the complaint, plaintiff appeals. Affirmed.
1Opinion of the CourtLewis, J.
In the month of September, 1887, the plaintiff and the defendant' Thomas J. Whalen entered into a copartnership, upon the terms that each should contribute equally to the capital stock, and share equally in the profits and losses. After carrying on business for a time, the firm was dissolved, and the plaintiff adjusted the liabilities of the firm, and thereby became a creditor of the defendant Thomas, and on the 26th day of January, 1889, commenced an action against Thomas for an accounting, and on the 3d day of January, 1890, recovered a judgment against him for $492.34. Judgment was duly…
2Cases cited3 opinions
- Davis v. GravesNew York Supreme Court · 1859
- Holden v. . BurnhamNew York Court of Appeals · 1875
- Brooks v. WilsonNew York Supreme Court · 1889
3Cited by4 opinions
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Hegstad v. WysieckiAppellate Division of the Supreme Court of the State of New York · 1917
- Moran v. MorganCourt of Appeals for the Second Circuit · 1918
- United States Fidelity & Guaranty Co. v. MillsCourt of Appeals for the Fourth Circuit · 1944