Hillyer v. . Leroy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1903, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The plaintiffs, in 1897, recovered a judgment against certain of the defendants, who composed the firm of A. LeEoy & Son.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1903, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The plaintiffs, in 1897, recovered a judgment against certain of the defendants, who composed the firm of A. LeEoy & Son. A year and sorrje months afterwards, this action was commenced upon the foundation of that judgment; in which the plaintiffs attacked the good faith of certain transfers of real estate and of personal property* which had been made by some of…
1Opinion of the CourtGray, J.
I think the determination of the learned Appellate Division to have been correct; with this exception, however, that the judgment in the trial court appears to have included as within the lien of the original judgment the mesne rents and protits of the real estate from the time of the fraudulent transfers. That would be incorrect. The accountability for the rents and profits should be from the time of the commencement of the present action in equity to .-annul the transfers; at which time an equitable lien upon the fund was acquired. (Collumb v. Read, 24 N. Y. 505.)
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2Cases cited7 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Collumb v. . ReadNew York Court of Appeals · 1862
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3Cited by20 opinions
- Straton v. NewSupreme Court of the United States · 1931
- Eckert v. WendelTexas Supreme Court · 1931
- Gross v. Russo (In Re Russo)United States Bankruptcy Court, E.D. New York · 1982
- Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
- Tucker v. FosterSupreme Court of Virginia · 1930
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