Legal Opinion

Tooley v. . Bacon

New York Court of Appeals

Decided May 29, 1877PublishedCited by 81 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, ■ entered upon the report of a referee. This was an action for money alleged to have been paid and received by Charles C. Bacon, plaintiff’s intestate.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, ■ entered upon the report of a referee. This was an action for money alleged to have been paid and received by Charles C. Bacon, plaintiff’s intestate. The answer alleged in substance that all moneys or property which came into the hands of said intestate, belonging: to plaintiff, were transferred by the latter with intent to hinder, delay and defraud his creditors. The referee found in substance that plaintiff conveyed to Charles C. Bacon, said…

1Opinion of the CourtEarl, J.

It was alleged in the answer that the plaintiff placed the funds and property in controversy in the hands of the intestate for the purpose of delaying and- defrauding his ■ creditors. After the defendant had given some evidence tending to sustain this defence, the plaintiff as a witness in his own behalf, was asked if he had put any property in the hands of the intestate for the purpose and with the intent to delay or defraud his creditors. Counsel for plaintiff objected to the question, and the referee sustained the objection. No ground of objection was specified, but the course of the…

2Cases cited2 opinions

  1. Levin v. . RussellNew York Court of Appeals · 1870
  2. Williams v. . SargeantNew York Court of Appeals · 1871

3Cited by81 opinions

  1. Nay v. . CurleyNew York Court of Appeals · 1889
  2. Hard v. LeurendusNew York Court of Appeals · 1890
  3. Bloodgood v. LynchNew York Court of Appeals · 1944
  4. Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
  5. Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914

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