Van Liew v. Johnson
New York Supreme Court
APPEAL by plaintiffs from an order at special term sustaining a demurrer to the complaint. The action was brought by Evander S. Van Liew and another, administrators, etc., of Elhanan Van Liew, deceased, against Stephen Y. R. Johnson and others.
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APPEAL by plaintiffs from an order at special term sustaining a demurrer to the complaint. The action was brought by Evander S. Van Liew and another, administrators, etc., of Elhanan Van Liew, deceased, against Stephen Y. R. Johnson and others. The complaint set forth, as causes of action, that one of the defendants, Halsey Sandford, who was largely indebted to the estate of the intestate, made an assignment to two of the defendants, S. Y. R. Johnson and John 0. Meddick, for the benefit of creditors; that the property of the assignor was sufficient to pay all of his preferred debts, of which…
1Opinion of the CourtDwight, J.
The demurrer for improper joinder of causes of action is well taken. As many as two causes of action are distinctly stated: one against S. Y. R. Johnson and A. B. Johnson, to set aside or annul a written contract of sale, or assignment of certain demands of the plaintiffs’ intestate against the defendant Sandford, on the ground that such contract was procured to be made to A. B. Johnson for the benefit of S. Y. R. Johnson by the fraudulent representations of the latter; another, for an accounting by S. Y. R. Johnson and Meddick as assignees of Sandford for the benefit of his creditors, as…
2Cases cited3 opinions
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Jessop v. MillerNew York Court of Appeals · 1864
- Palen v. BushnellNew York Supreme Court · 1860