Hart v. A. L. Clarke & Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1908, which reversed an order of Special Term granting a motion for an injunction pendente Hie and denied said motion. The question of law certified to this court by the Appellate Division is: “ Hpon the facts stated in the complaint, is the plaintiff entitled to an injunction.”
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1908, which reversed an order of Special Term granting a motion for an injunction pendente Hie and denied said motion. The question of law certified to this court by the Appellate Division is: “ Hpon the facts stated in the complaint, is the plaintiff entitled to an injunction.” It appears from the complaint that the defendant A. L. Clarke & Company, Limited, is a foreign corporation, and that on April 6, 1908, the plaintiff in this action brought an action…
1Opinion of the CourtChase, J.
The general rule is well settled that until after the recovery of a judgment and the issuing of an execution thereon no equitable action can be maintained by an attaching creditor to set aside a fraudulent transfer. ( Whitney v. Davis, 148 N. Y. 256.)
Where the summons in an action is served without the state or by publication pursuant to an order obtained for that purpose, and the defendant has not appeared in the action, it is provided by statute that the sheriff may in aid of an attachment maintain an action for the discovery of property belonging to the attachment debtor or he may maintain…
2Cases cited10 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
- Mechanics' & Traders' Bank of Jersey City v. DakinNew York Court of Appeals · 1873
- Hess v. . HessNew York Court of Appeals · 1889
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3Cited by2 opinions
- Lebowitz v. Bowery Savings BankCity of New York Municipal Court · 1935
- Nelson v. Nahtel Corp.Appellate Division of the Supreme Court of the State of New York · 1936