Jeffres v. Cochrane
New York Supreme Court
APPEAL from a judgment entered at a special term, on a trial before the court without a jury. The action was brought by the plaintiff as receiver of John Hughes, appointed in proceedings supplementary to execution, to recover the avails of a promissory note for $166.65, made by J. Donellan & Go., alleged to belong to said John Hughes, and which was purchased by the defendant of Onney Hughes, the wife of said John Hughes.
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APPEAL from a judgment entered at a special term, on a trial before the court without a jury. The action was brought by the plaintiff as receiver of John Hughes, appointed in proceedings supplementary to execution, to recover the avails of a promissory note for $166.65, made by J. Donellan & Go., alleged to belong to said John Hughes, and which was purchased by the defendant of Onney Hughes, the wife of said John Hughes. The following opinion, delivered by the judge at special term, contains a statement of the material facts, as well as of the reasons for the decision. Johnson, J. “This is an…
1Opinion of the Court
By the Court, Welles, J.
The judgment in the action -by the receiver, the plaintiff in this action, against John Hughes and Onney Hughes, his wife, established the fact, at least prima facie, that the three notes given by Donellan & Oo, to John Hughes were transferred by the latter to his wife Onney Hughes, with the intent to hinder, delay and defraud the creditors of the said J ohn Hughes, of whom Bonesteel, the plaintiff in the action in which the receiver was appointed, was one. And that therefore the title and ownership of those notes, as between Hughes and his creditors, was in Hughes,…
2Cited by1 opinion
- Bissel v. Continental Trust Co.Appellate Terms of the Supreme Court of New York · 1899