Jaycox v. Caldwell
New York Supreme Court
Appeal from a judgment in favor of defendants, entered on the report of a referee. The action was brought to set aside an assignment executed by William Caldwell, in which he preferred Corrilla Ann, who was his wife, to the amount of $700, the plaintiff claiming that she had no such valid demand against him ,• that it was void as against his creditors, and that they were creditors of his.
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Appeal from a judgment in favor of defendants, entered on the report of a referee. The action was brought to set aside an assignment executed by William Caldwell, in which he preferred Corrilla Ann, who was his wife, to the amount of $700, the plaintiff claiming that she had no such valid demand against him ,• that it was void as against his creditors, and that they were creditors of his. The referee found the plaintiffs on, or about, the 13th of April, 1867, recovered a judgment in this court against William Caldwell, of upwards of $250,which was duly docketed and a transcript thereof filed…
1Opinion of the CourtFoster, J.
The facts found in reference to the transactions between William Caldwell and his wife are proved mainly by the testimony of himself, though he is to some extent corroborated by the testimony of one Thompson, who was a brother of Corrilla Caldwell.
These transactions are subject to very great suspicions when taken in connection with all the circumstances of the case. But there is no contradiction of his testimony, and we cannot say that the referee had no right to give credit to it.
We are to assume, therefore, that all the facts found by the referee were established; and it presents the…
2Cases cited8 opinions
- Garlick v. StrongNew York Court of Chancery · 1831
- Ryder v. . HulseNew York Court of Appeals · 1862
- Wickes v. ClarkeNew York Court of Chancery · 1840
- Partridge v. HavensNew York Court of Chancery · 1844
- Schaffner v. ReuterNew York Supreme Court · 1862
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