Legal Opinion

Leach v. Kelsey

New York Supreme Court

Decided November 7, 1849PublishedCited by 8 opinions

This was an appeal, by the defendants Eaton and Spicer, from a judgment entered upon the report of a referee. The action was brought by the plaintiff as assignee of a judgment creditor of the defendant Kelsey, against him and the other defendants Eaton and Spicer, alledging a sale by Kelsey to the other defendants, of his entire property, for the purpose of defrauding the judgment creditor. The referee reported that he found the following facts: First.

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This was an appeal, by the defendants Eaton and Spicer, from a judgment entered upon the report of a referee. The action was brought by the plaintiff as assignee of a judgment creditor of the defendant Kelsey, against him and the other defendants Eaton and Spicer, alledging a sale by Kelsey to the other defendants, of his entire property, for the purpose of defrauding the judgment creditor. The referee reported that he found the following facts: First. That Lee, Judson & Lee were partners as merchants, in the city of New-York, and about the 17th day of November, 1847, sold to the defendant…

1Opinion of the Court

Sy the Court, Gridley, J.

This is an action in the nature of a bill in equity, brought by the assignee of a judgment creditor of Kelsey, against him and the two other defendants, Eaton & Spicer, alledging a sale by Kelsey to Eaton & Spicer of his whole property, in fraud of the judgment. A referee has reported in favor of the plaintiff; and a judgment has been entered on the report, from which judgment the defendants Eaton & Spicer have appealed.

The only grounds relied on by the appellants’ counsel are

1st. That the plaintiff can not maintain this action inasmuch as it appears that after the…

2Cases cited2 opinions

  1. Brownell v. CurtisNew York Court of Chancery · 1843
  2. Rea v. SmithNew York Supreme Court · 1838

3Cited by8 opinions

  1. Porter v. . Williams and ClarkNew York Court of Appeals · 1853
  2. Bouton v. DementIllinois Supreme Court · 1887
  3. Estabrook v. MessersmithWisconsin Supreme Court · 1864
  4. Housel v. CremerNebraska Supreme Court · 1882
  5. McDonough v. LoughlinNew York Supreme Court · 1855

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