Harding v. Elliott
New York Supreme Court
Appeal from special term, New York county. Action by Herbert L. Harding and Edward J. H. Tamsen, as sheriff of New York county, against John M. Elliott, impleaded with others, to set aside an assignment made by defendant Severance to defendant Elliott of a fund of §15,000, and deposited in the hands of defendants ICountze Bros., on the ground that such assignment was made with intent to hinder, delay, and defraud plaintiff Harding.
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Appeal from special term, New York county. Action by Herbert L. Harding and Edward J. H. Tamsen, as sheriff of New York county, against John M. Elliott, impleaded with others, to set aside an assignment made by defendant Severance to defendant Elliott of a fund of §15,000, and deposited in the hands of defendants ICountze Bros., on the ground that such assignment was made with intent to hinder, delay, and defraud plaintiff Harding. The complaint was dismissed on the merits (33 N. Y. Supp. 1095), and plaintiffs appeal.
1Opinion of the CourtFollett, J.
This action was begun October 5, 1893, to set aside an assignment of Annie C. Severance to John M. Elliott of §15,000, on deposit with Kountze Bros., on the ground that it was made with intent to hinder, delay, and defraud the plaintiff Harding. The action was brought by leave of the court, in aid of an attachment, pursuant to article 2, tit. 3, c. 7, of the Code of Civil Procedure. June 27, 1893, Herbert L. Harding began action in the supreme court against Annie C. Severance to recover a judgment for $10,100, alleged to be due him from her for professional services and disbursements rendered…
2Cases cited6 opinions
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Billings v. . RussellNew York Court of Appeals · 1886
- Fox v. . MoyerNew York Court of Appeals · 1873
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
- Backus v. KimballNew York Supreme Court · 1891
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3Cited by1 opinion
- Ross v. CaywoodAppellate Division of the Supreme Court of the State of New York · 1897